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2025 DAILYLAW 162567 (ALL)

Kumari Radha v. Smt. Rekha and 2 Others

TACL/215/2025 · 2025-09-09

Pankaj Bhatia

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CIVIL) No. - 215 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard the applicant who appeared in person. 2. An application under section 24 C.P.C. has been filed mainly challenging the order dated 08.07.2025. 3. An application was moved before the District Judge, Lucknow stating that the matter being Original Suit No.2973 of 2024 was heard by the Civil Judge (JD), Havali, Lucknow and four dates were fixed, however by means of an administrative order, the file in question was transferred to the court of Additional Civil Judge (Junior Division), Court no.33, Lucknow. 4. The application was filed before the District Judge that as, substantial hearing had taken place, the matter should be relegated back to the same court. The District Judge, by means of the order dated 08.07.2025, rejected the said application mainly on the ground that whenever the cases are in excess in a particular court, they are transferred to the court of competent jurisdiction having less number of cases on administrative grounds. The District Judge also recorded that no good ground for transfer were made out. 5. Considering the said order, the applicant who appeared in person, argues that the matter may be transferred back to the court of Civil Judge (Junior Division) Havali, Lucknow from where it was transferred in Versus Counsel for Applicant(s) : In Person Counsel for Opposite Party(s) : Kumari Radha .....Applicant(s) Smt. Rekha And 2 Others .....Opposite Party(s) exercise of administrative powers. The contention is that she apprehends that she may not get justice in the new court. 6. The said apprehension is without any foundation. No such ground was taken in the application under section 24 CPC, which was rejected by the District Judge on 08.07.2025. 7. Without going into the merits as to whether the second application under section 24 CPC is maintainable before this court, no good ground for interference is made out. 8. The application is dismissed. September 9, 2025 VNP/- TACL No. 215 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench