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Neutral Citation No. - 2025:AHC-LKO:28115 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 32 of 2025 Applicant :- Hari Sharan Singh Opposite Party :- Ranjeet Singh Counsel for Applicant :- Rajendra Pratap Singh Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the petitioner. 2. The instant petition has been preferred under Section 24 C.P.C. seeking transfer of Case No. 179 of 2015 (Hari Sharan Singh Vs. Ranjeet Singh) pending before the Additional Civil Judge, District Raebareli to any other court in District Unnao or any other nearby District. 3. The submission of learned counsel for the petitioner is that the petitioner has instituted a suit seeking a decree of specific performance which is registered as Case No. 179 of 2015. Since the defendant is a practicing lawyer in the District of Raebareli, accordingly, it is alleged that he exercises influence over the Presiding Officers of the Court and for the said reason, the petitioner has no hopes of getting justice. 4. It is also urged that the respondent has a criminal history which has been brought to the notice of the Court and the fact has also been indicated in the supplementary affidavit filed by the petitioner dated 10.02.2020. 5. It is further submitted that the petitioner had also made a complaint against the respondents before the Bar Council of Uttar Pradesh, however, no action has been taken against the respondents and in the aforesaid circumstances, the petitioner has no option but to get the suit transferred failing which no justice would be meted out to him. 6. Having considered the aforesaid submissions and also from the perusal of the material on record, this Court finds that the petitioner has merely made bald allegations in the present petition. 7. It is stated in paragraph 6 that the defendant who is a counsel and he has been influencing the Courts, as a result, on 24.11.2019, a judgment had been reserved and thereafter two years and 9 months had passed but the judgment was not
pronounced. This fact has not been substantiated by any material on record nor the details regarding this fact could be given by the learned counsel for the petitioner. 8.
A specific query was put to the learned counsel for the petitioner as to what transpired for these two years and nine months and what effort was made by the petitioner against this episode where the judgment remained reserved for more than two years and nine months, which apparently appears to be quite incredible for the reason that as per the General Rule (Civil) if a judgment is not pronounced within 30 days, the matter has to be fixed for re-hearing by the court. 9. It also could not be explained by the learned counsel for the petitioner as to what efforts were made by him in this regard that is to say whether any application was moved before the court concerned or whether this was brought to the notice of the District Judge. In absence of any such material, the averment made by the petitioner does not appear to inspire confidence. 10. Considering the other averments made in the petition, it is stated that the respondent had filed his written statement on
12.02.2024. This also sounds doubtful for the reason that in paragraph 6 it is stated that the judgment had been reserved. Had the judgment been reserved, there was no occasion for the respondent to have filed his written statement in the year 2024. There is also an averment that the issues were framed prior thereto. The issues could only have been framed if the written statement would have been on record. In absence of any clear averments and the pleadings being sketchy makes the petition bereft of any cogent ground upon which the case may be transferred from one district to another. 11. Considering the averments which are absolutely casual and merely because the defendant happens to be a practicing counsel, it does not automatically gives the right to the petitioner to seek transfer. 12.
The grounds as well as the averments made in the present petition are absolutely vague and disjointed, accordingly, the present petition is dismissed. Order Date :- 12.5.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench