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2025 DAILYLAW 170948 (ALL)

Ravishek Dixit v. Lakshmi

SPLA/295/2024 · 2025-04-15

Attau Rahman Masoodi, Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20969-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 295 of 2024 Appellant :- Ravishek Dixit Respondent :- Lakshmi Counsel for Appellant :- In Person Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J. 1. Heard the appellant- Ravishek Dixit in person. 2. The intra court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is directed against the judgment and order dated 11.11.2024 passed by this Court in Transfer Application (Civil) No.157/2022 under Section 24 CPC. 3. This Court, having regard to the litigation between the parties and looking to the fact that the respondent (wife) was residing with her sister in Shahjahanpur, has passed the impugned order to transfer the proceeding of Suit No.1440/2022 (Ravishek Dixit Vs. Lakshmi) from the District Lucknow to District Shahjahanpur. 4. The appellant has primarily emphasized on the point that the pending proceedings of Suit No.1440/2022 were directed to be decided expeditiously, preferably within a period of one year and it is for this reason that the appellant in the transfer application chose to invoke the jurisdiction of this Court under Section 24 of CPC for transfer of suit proceeding. In nutshell, the very transfer of proceedings was aimed to frustrate the purpose of order dated 09.02.2024 passed in the petition filed under Article 227 No.637/2024. 5. Be that as it may, once, it is admitted by the respondent herein that she has chosen to live with her sister at district- Shahjahanpur, we do not find any illegality in the order passed by the learned Single Judge. We, however, take note of the fact that period of one year was fixed by the Court for culmination of proceedings of Suit No.1440 of 2022, which in any case, must be honored by the Court concerned at District- Shahjahanupr. The proceedings of suit shall be taken up on priority basis by the Court concerned and an earnest effort shall be made to culminate the same strictly in terms of order passed by this Court, for which, a further period of eight months is granted from today. 6. Leaving the scope of amicable settlement open, we allow the appellant and respondent both to appear before the Court concerned within 15 days from today and file a copy of this order. 7. With what has been observed above, the intra court appeal is hereby disposed of. (Rajeev Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 15.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench