Point of Law: Principal District Judge would have the power to withdraw a suit, appeal or other proceeding pending on the file of one Additional District Judge and transfer the same to the file of another District Judge.

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 admeasuring 0.36 Guntha, Survey No. 133/3 admeasuring 1 Acre 11 Guntha and 0 Acre 20 Gunthas and hence, the applicant is doing administration of Survey No.s 120, 121, 122, 114, 113/3, 124/1 and 123/2 of different farmers. Now, the opponent No. 1 met the applicant with a view to start a project on the land, but the land owners have not accepted the same due to low price. Therefore, the opponent No. 1 tried to snatch away the possession by anyway. Therefore, the suit was filed by the applicant to restrain the opponents, his agents, servants, from transferring, alienating, selling or by any means the land being survey No. 113/3. That, on 30.03.2019, the learned 3rd Additional Judicial Magistrate First Class, Kalol vide judgment and decree allowed the Regular Civil Suit No. 229 of 2006. That, the opponent No. 2 feeling aggrieved by the said judgment and decree, challenged by way of Regular Civil Appeal No. 36 of 2019 before the Court of learned 3rd Additional District Judge, Kalol, which is pending adjudication. That, thereafter, the applicant preferred Civil Misc. Application No. 55 of 2020 seeking relief to transfer the matter to other Court, in the said application, the applicant stated that the judgment and decree passed by the learned trial Judge in his favour and now the situation of Covid-19 pandemic is prevailing in the State, therefore, the lower Courts are taking the urgent matters for hearing. However, the learned Additional District Judge before whom the matter is pending is insisting for expedite hearing of the matter as the opponent has filed an application under Order 41, Rule- 27 of the CPC, on 11.03.2020, which was granted on same day, without affording an opportunity of hearing to the applicant before the this Hon'ble Court but due to lockdown, the same was not filed. The 3rd Additional District Judge has dismissed three appeals being Civil Appeal Nos. 1 of 2018, 15 of 2016 and 137 of 2012, which were challenged before this Hon'ble Court, wherein this Hon'ble Court stayed the order of the trial Judge and admitted the same.

5. Learned advocate Mr. Manoj Danak for the applicant has argued that in the present case, application is filed to transfer the matter from the Court of learned 3rd Additional District Judge, Kalol to any other Court of Additional District Judge, Kalol. It is also contended that the applicant was in custody since 26.07.2019 to 06.09.2019 because of false order passed by the learned trial Court concerned and the same order was passed in the absence of learned advocate. It is further contended that the regular bail application preferred by the applicant before the learned trial Court, which came to be rejected by the learned trial Court but the Hon'ble High Court has granted regular bail to the present applicant.

6. Per c