HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CIVIL) No. - 308 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out in the revised list. Nobody is present to press the application and no request for adjournment has been made. 2. By means of the instant petition filed under Section 24 of the CPC, the applicant has challenged the validity of an order dated 07.07.2025 passed by the District Judge, Lakhimpur Kheri rejecting an application filed by the petitioner for transfer of Misc. Case No. 821 of 2024 from the Court of Civil Judge, (Junior Division), Lakhimpur Kheri and the transfer was sought on the ground that the Civil Judge (Junior Division), Lakhimpur Kheri has no jurisdiction to entertain the suit. 3. The defendant-opposite party filed objections against the application stating that in the plaint, the property in dispute is shown to be situated in ward no. 24, Gola, Pargana Hyderabad, District Kheri. Merely to create a cause of action, Pargana Hyderabad has been struck off and in its place Boor has been written in hand. Thereby the petitioner made the suit cognizable by the learned Civil Judge (Junior Division) Kheri and obtained an exparte order of temporary injunction which was later on vacated. The opposite party-defendant has filed an application under Section 11 CPC and under Order 7 Rule 11 CPC. Keeping in view the aforesaid conduct of the petitioner, it would not be expedient in the interest of justice to transfer the suit. 4. The District Judge has observed in the order dated 07.07.2025 that Versus Counsel for Applicant(s) : Hemant Kumar, Sheo Prakash Singh Counsel for Opposite Party(s) : Vijay Mishra .....Applicant(s) Vigyan Murari And 2 Others .....Opposite Party(s) when the petitioner himself had filed the suit in the court of Civil Judge (Junior Division), Kheri and now he states that it was filed in a wrong court, it is open for the petitioner to file an application under Order 7 Rule 10 CPC for return of the plaint for being presented to a proper court. 5. In these circumstances, there is no good ground for transferring the suit from the court of Civil Judge (Junior Division). The District Judge has rejected the transfer application accordingly. 6. There appears to be no error or illegality in the impugned order dated 07.07.2025 as this Court is of the considered view that the reasons recorded in the order dated 07.07.2025 are legally sustainable. 7. The petitioner has merely challenged the validity of the order dated 07.07.2025 through this petition and he has not sought any order transferring the suit from the court of Civil Judge (Junior Division). 8. In these circumstances, no relief can be granted in this petition. 9. This transfer application is dismissed accordingly. December 1, 2025 Pradeep/- TACL No. 308 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench