BABU KHAN AND 8 OTHERS v. SMT ALLAH DI AND 4 OTHERS
A227/10880/2023 · 2025-04-17
Rohit Ranjan Agarwal
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55878 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57807 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 10880 of 2023 Petitioner :- Babu Khan And 8 Others Respondent :- Smt Allah Di And 4 Others Counsel for Petitioner :- Mahtab Alam Hon'ble Rohit Ranjan Agarwal,J.
1. Heard Sri Mahtab Alam, learned counsel for petitioner.
2. Petitioners before this Court have challenged the order dated 27.9.2023 passed by the Additional District Judge, Court No. 3, Aligarh in Civil Appeal No. 16 of 2021.
3. Facts leading to filing of present writ petition are that Original Suit No. 403 of 1997 was instituted by plaintiff respondents which was decreed on 15.2.2021, against which Civil Appeal No. 16 of 2021 was filed by appellant petitioners. In the said appeal petitioners had moved a transfer application which was rejected by the District Judge, against which an application was moved before this Court.
4. Learned counsel for petitioners was getting the matter adjourned on the ground of pendency of transfer application before this Court, while there was no interim order operating. The court below had rejected the application and further proceeded under Order XVII Rule 3 CPC as counsel for the applicants misbehaved with the court during appellate proceedings.
5. After hearing learned counsel for petitioners and perusing material on record, I find that there is no error in the order impugned dated 27.9.2023 as there was no interim order operating in the transfer application moved by petitioners before this Court and court below had rightly asked the petitioners' counsel to proceed with the appeal and make his arguments, which was objected by the counsel.
6. No case for interference is made out. Writ petition is misconceived and dismissed, accordingly. Order Date :- 18.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad