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1963 Supreme(Guj) 56

N.M.MIABHOY
HASMUKHBHAI MANMOHANDAS PATEL – Appellant
Versus
PUNAMCHAND KALIDAS – Respondent


Advocates Appeared: AKSHAY H.MEHTA, M.C.SHAH, R.K.PATEL

N. M. MIABHOY, J.

( 1 ) THIS revision application raises an interesting question relating to the jurisdiction of the City Civil Court at Ahmedabad. The facts giving rise to this revision application may be briefly stated at first. One Hasmukhbhai Manmohandas Patel filed Special Jurisdiction Darkhast No. 4 of 1953 in the Court of the then learned Civil Judge ( Senior Division ) Ahmedabad for execution of a final partition decree. All the properties except one ordered to be partitioned were situated in the city of Ahmedabad. That one property was situated in a village of the District of Ahmedabad and thus was within the ordinary jurisdiction of the then learned Civil Judge ( Senior Division ) Ahmedabad. Whilst this darkhast was pending The Ahmedabad City Courts Act 1961 Gujarat Act No. XIX of 1961 ( hereafter calledthe Act) was passed on the 15th of May 1961 and on 4th of November 1961 the City Civil Court ( here after calledthe City Court) was established by the State of Gujarat for the city of Ahmedabad under the power vested in it by section 3 of the Act. Under sec. 20 sub-sec. (1) of the Act the above darkhast was taken to have stood transferred to the City Court and was given a n





























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