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2017 DAILYLAW 1941 (GUJ)

PRAFULCHANDRA VITTHALBHAI PATEL v. SANJAYKUMAR VITTHALBHAI PATEL

FA/2397/2017 · 2026-04-17

J C Doshi

body2017

Judgment text

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C/FA/2397/2017 ORDER DATED: 17/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2397 of 2017 ========================================================== PRAFULCHANDRA VITTHALBHAI PATEL & ANR. Versus SANJAYKUMAR VITTHALBHAI PATEL & ANR. ========================================================== Appearance: MR CHIRAG B PATEL(3679) for the Appellant(s) No. 1,2 MR HARSH N PAREKH(6951) for the Defendant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/04/2026 ORDER The application for obtaining probate has been rejected by the learned Principal Senior Civil Judge, Vadodara. In view of Gujarat Civil Court Act, the appeal is maintainable before the District Court. However, inadvertently, the appeal is filed before this Court. Learned advocate Mr. Chirag Patel in the aforesaid circumstances, submits that the appeal may be transferred to the concerned District Court. Learned advocate for the other side did not object to grant such relief. Resultantly, present First Appeal stands disposed of from the jurisdiction of this Court by transferring it to the jurisdiction of the District Court, Vadodara. While transferring the First Appeal, the Registry of this C/FA/2397/2017 ORDER DATED: 17/04/2026 Court shall retain the copy of appeal memo as well as copy of the impugned judgment and order and Vakalatnama of learned advocates for both the sides. Entire original records and other rest of the papers shall be transferred to the District Court, Vadodara. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 17/04/2026 15:02:24