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2025 DAILYLAW 136252 (ALL)

Mohd Umar AND ORS. v. Rajdev Maurya AND ANR.

TACL/93/2025 · 2025-05-12

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27722 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 93 of 2025 Applicant :- Mohd Umar And Ors. Opposite Party :- Rajdev Maurya And Anr. Counsel for Applicant :- Manish Mani Sharma Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner who submits that he has uploaded a supplementary affidavit, on portal which was taken on record by means of the order dated 5.5.2025. 2. The instant Transfer Application has been preferred under Section 24 C.P.C. stating that proceedings of Regular Suit No.28 of 2023 (Rajdev Maurya and another Vs. Mohd. Umar and others) pending before the Civil Judge (Senior Division), Ambedkar Nagar be transferred to some other court in the adjoining Districts of either Faizabad, Sultanpur or Amethi. 3. A specific query was put to learned counsel for the petitioner as to what is the ground on which the instant transfer application has been filed seeking transfer out of District Ambedkar Nagar. In response, the learned counsel for the petitioner submitted that there is a suit for permanent injunction, in respect of a property which was the subject matter of Regular Suit No.154 of 1988 and in respect of the very same property, another suit has been filed bearing no. 28 of 2023. It is stated that the petitioner had expressed his apprehension in paragraph 17 of the petition and that is the reason that the proceedings may be transferred. 4. Having considered the aforesaid submissions and from perusal of the material on record, taking note of the averments made in the transfer application particularly paragraphs 13 to 18, this Court does not find any worthy averment or material that can be considered as a ground for transfer of a suit out of a distant. 5. From perusal of the aforesaid paragraph nos.13 to 18, what the petitioner is attempting to state is that because the court concerned has passed an incorrect order, hence he seeks to get the suit transferred out of the District. 6. It is also significant to note that insofar as the alleged suit bearing no.154 of 1988 is concerned, the same was decided by he court concerned on 19.12.2024. The present petitioner being aggrieved has already exercised his option of assailing the said judgement by filing a Regular Civil Appeal which has been registered as Appeal No.7 of 2025 and the same is engaging the attention of the District Judge, Ambedkar Nagar. 7. In the aforesaid facts and circumstances where the petitioner has already taken recourse to the judicial remedy as available to him. The only ground contained in the transfer petition is based on the premise that the trial court has not passed the order appropriately. This Court does not find that there is any cogent ground for seeking transfer. The court may or may not have passed the correct order but there is no allegation against the court. A person if aggrieved by an order, has a right of assailing the same by invoking the judicial remedy but that cannot be a ground to seek transfer. 8. Seeking transfer of proceedings out of a district is a serious matter and that puts the burden on the person seeking transfer to deliver responsible, cogent and sincere pleadings with appropriate supporting material which is lacking in this petition. Thus, the petition being completely misconceived, is hereby dismissed. This Court refrains itself from imposing costs. Order Date :- 12.5.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench