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Judgment
Ravi R. Tripathi, J.—This application is filed praying that,
To pass an suitable order of transfer of this M.A.C.T. No.303/1999 which is pending at Gandhinagar Assistant District Court to be transferred from Gandhinagar to Ahmedabad City Court at Bhadra, Ahmedabad in the interest of justice.
The affidavit was sworn on 19th February 2003. The petition was filed on 21st February 2003. The first order was passed on 11th March 2003 issuing rule returnable on 01.04.2003. Since then the learned advocate for the petitioners has not attended the matter. The record of the case shows that on none of the dates the learned advocate for the petitioners has remained present before the Court. On some dates simpliciter adjournment is recorded while on some other dates absence of the learned advocate with other details is recorded. The dates on which absence of the learned advocate is recorded are :
Date Coram Order 27.02.2004 (P.B. Majmudar, J.) Mr. P.J. Bavda not present. S.O. To 22nd March 2004. 22.03.2004 (P.B. Majmudar, J.) Mr.P.J. Bavda is not present even on second call. S.O. To 21st April 04. 21.04.2004 (P.B. Majmudar, J.) Learned advocate for the petitioners is not present. S.O. To 21.06.2004. 21.06.2004 (J.R. Vora, J.) Learned advocate for the petitioner is not present. Board shows that rule unserved to respondent no.1 and 2. Learned advocate for the petitioner to take necessary steps. S.O. To 23.7.2004. Since then respondents no.1 and 2 have remained unserved and though the Court directed the learned advocate for the petitioner to take necessary steps. Till date no steps are taken and respondents no.1 and 2 have remained unserved. 23.07.2004 (J.R. Vora, J.) Ld. advocate for petitioner is not present even on second call out. S.O. To 9.8.2004. 09/08/04 (D.P. Buch, J.) Ld. advocate for the petitioner is not present. Board shows that respondents no. 1 and 2 are unserved. Petitioner to take appropriate steps. S.O. To 14.9.2004. This was the second time that the Court asked the learned advocate for the petitioner to take steps, but no steps are taken. 24.11.2004 (A.L. Dave, J.) No one appears even on third call. In the interest of justice the matter is adjourned to 8.12.04. 06/07/05 (A.L. Dave, J.) No one present even on second call. S.O. To 28.07.2005. 05/09/05 (J.R. Vora, J.) Learned advocate for the applicant is not present. Await service of rule to the respondents no.1 and 2. S.O. To 30th September 2005.
Today matter is listed for 35th time. The learned advocate for the petitioners is not present. Transfer sought for is from Gandhinagar to Ahmedabad, which otherwise also does not appear to be a necessity, but seems to be a litigation at the advice of the learned advocate.
Having perused the matter, finding no substance the application is dismissed. Rule is discharged with no order as to costs.