Neutral Citation No. - 2025:AHC:76633 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 299 of 2025 Applicant :- Kariya And Another Opposite Party :- Sant Ram And 8 Others Counsel for Applicant :- Himanshu Kumar,Tanisha Jahangir Monir Hon'ble Neeraj Tiwari,J. 1. Heard Sri Vibhor Arora, Advocate, holding brief of Sri Himanshu Kumar, learned counsel for the applicant. 2. The case was heard on 01.05.2025 and the Court has passed the following order. "Heard learned counsel for the applicant. It is submitted that earlier the Case No. 12 of 2008 (Sant Ram and others vs. Kariya and others) was filed before learned Civil Judge, Khalilabad, Basti but later on a new district namely Sant Kabir Nagar has been constituted, therefore, the aforesaid case may be transferred to the Court of Civil Judge, Khalilabad, District Sant Kabir Nagar. In view of the above, learned District Judge, Basti is directed to submit a report about the matter within two weeks. Put up this case as fresh on 12.05.2025. Registrar (Compliance) is directed to communicate this order to District Judge, Basti, within 24 hours. " 3. Pursuant to order dated 01.05.2025, learned District Judge, Basti has submitted report dated 09.05.2025 along with order of High Court dated 21.08.2008 and 24.10.2009 passed in Transfer Application(Civil) No. 314 of 2008, which is on record. 4. From the perusal of the aforesaid orders of the High Court, it is found that earlier this Court vide order dated 21.08.2008 passed in Transfer Application(Civil) No. 314 of 2008 has transferred the application under Order 9 Rule 13 CPC in registered as Misc. Case No. 12 of 2008, but later on has recalled the order dated 21.08.2008 vide order dated 24.10.2009. Ultimately Transfer Application(Civil) No. 314 of 2008 was dismissed in default vide order dated 08.12.2011. 5. Now for the same cause of action, present transfer application has been filed. 6. Being confronted by the Court about the maintainability of the second transfer application, learned counsel for the applicant submitted that he does not want to press the present transfer application and the same may be dismissed as not pressed. He lastly requested that as the application under Order 9 Rule 13 in registered as Misc. Case No. 12 of 2008 is pending since long, therefore, direction may be issued to Civil Judge(Junior Division), Khalilabad, Basti to decide the same at the earliest. 7. Under such facts of the case, transfer application is dismissed as not pressed. 8. However, all the endeavor shall be made by the Civil Judge(Junior Division), Khalilabad, Basti to decide the application under Order 9 Rule 13 in registered as Misc. Case No. 12 of 2008, if already not decided, within a period of six months if possible, if there is no legal impediment. Order Date :- 12.5.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad