ORDER :

1. By way of the present application, the applicants seek to transfer the Civil Execution Petition No.08 of 2014 pending before the learned Small Causes Court, Rajkot to the Court of learned Principal Senior Civil Judge, Rajkot, where the Special Civil Suit No.54 of 2022 arising out of the same subject property is pending for adjudication.

2. Brief facts of the present case are as under:

2.1 The issue involves in the present application pertains to a godown admeasuring about 1050 Sq. Yard forming part of Plot No. 17 situated at Survey No. 387/388 Paiki at Gondal, Rajkot (hereinafter to be referred as the property in question).

2.2 The property in question was belonging to late father of the Opponent No. 1, who had executed an agreement to sale dated 05.04.1990 in favor of the father of the Applicant No. 1. It was agreed between them that the said consideration of the property will be Rs. 5,25,000 out of which an amount of Rs. 4,25,000 has been paid by the father of the Applicant No. 1 by dual mode i.e. cash as well as cheque. The father of the Applicant No.1 on various occasions reminded the father of the Opponent No. 1 to execute sale deed further, father of the Opponent No. 1