JUDGMENT :

1. This application is filed by the present applicant- original plaintiff under Section 24 of the Civil Procedure Code to transfer the case and proceedings of the Regular Civil Appeal No. 36 of 2019 from the Court of learned 3rd Additional District Judge, Kalol to any other Court of the State and to stay the further proceedings of the said appeal.

2. Rule. Learned AGP Mr. Jayneel Parikh for the respondent No. 1 State waives service of rule and learned advocate Mr. D.K. Puj for the respondents No. 3 waives service of rule.

2.1 Though respondent No. 2 is served but none is present.

3. At the request of both sides, the matter is taken up for final hearing.

4. The facts in nutshell of the present case are that the land bearing Survey No. 123/1 admeasuring 3 – 4297 H. RA. Sq. Mt. of old tenure situated at Shanavad, Taluka: Kalol is owned by the applicant by way of registered sale deed as the said land was in the ownership of his mother, who died in the year 2016. That, at that place, survey Nos. 120, 121 and 122 of the new tenure land situated and it is under the administration of the applicant on behalf of the owner. That, besides the land of Shanavad village like Survey No. 114