1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3539 of 2025 29th December, 2025 Bhagwan Singh & another --Petitioners Versus Teluram & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Amar Murti Shukla, learned counsel for the petitioners/plaintiffs. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. (Oral) By means of the present writ petition, the petitioners/plaintiffs have approached this Court seeking a direction to the learned District Judge, Dehradun, to transfer Original Suit No. 154 of 2025, Sri Bhagwan Singh & another vs. Sri Teluram & others, from the court of the learned Civil Judge (J.D.), Vikas Nagar, Dehradun, to any other court. They have further prayed that, till the disposal of the application under Order 39 Rule 12 CPC, the parties to the aforesaid suit be directed to maintain status quo with regard to the suit property. 2. The reasons for filing the present writ petition, as canvassed by the learned counsel for the petitioners/plaintiffs, are that the court of the Civil Judge (J.D.), Vikas Nagar, is presently vacant, and due to such vacancy, the application moved by the petitioners/plaintiffs under Order 39 Rule 12 CPC has remained undecided since 02.07.2025. 2 3. Learned counsel for the petitioners/plaintiffs submits that the vacancy in the court of the learned Civil Judge (J.D.), Vikas Nagar, arose only about one month ago, which necessitated the filing of the present writ petition. 4. Such a prayer cannot be entertained by this Court. The petitioners/plaintiffs may instead move an appropriate application before the learned District Judge, Dehradun seeking transfer of the case on the aforesaid grounds to any other court of competent jurisdiction. If such an application is moved within one week from today, the learned District Judge, Dehradun, shall decide the same in accordance with law. 5. With the aforesaid direction, the present writ petition is disposed of. 6. Let a certified copy of this order be issued to the learned counsel for the petitioners today itself on payment of usual charges. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 29.12.2025 AK