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2025 DAILYLAW 87987 (ALL)

DHANPAL SINGH v. SURESH SHAH SISAUDIYA AND 4 OTHER

TACL/587/2025 · 2025-10-09

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 587 of 2025 Court No. - 36 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This transfer application has been filed for transferring the Original Suit No. 654 of 2023 (Old No. 119 of 2000) from the court of Civil Judge (Junior Division), Etah to any other court of neighboring district. 2. The applicant before this Court claims that suit was filed by plaintiff- opposite party no. 1 in the year 2000. Opposite party no. 1, Suresh Shah Sisaudiya is a practising advocate of District Court at Etah and there are seven criminal cases registered against him, details of which have been given in para no. 4 of affidavit to transfer application, which are as under:- "i. Case Crime No. 212 of 2005 under Section 147, 504, 307 1.P.C., P.S. Kotwali Dehat, District Etah. ii. Case Crime No. 54 of 2005 under Section 307, 504, 506 I.P.C., P.S. Kotwali Dehat, District Etah. iii. Case Crime No. 171 of 2003 under Section 506, 504, 307 1.P.C., P.S. Kotwali Dehat, District Etah. iv. Case Crime No. 488 of 2002 under Section 395, 397, 307 I.P.C., P.S. Kotwali Dehat, District Etah. v. Case Crime No. 246 of 2005 under Section 323, 147, 504, 506 1.P.C., P.S. Kotwali Dehat, District Etah. vi. Case Crime No. 159 of 2011 under Section 323, 147, 324, 307 1.P.C. and Section 3/2 of S.C./S.T. Act, P.S. Kotwali Dehat, District Etah. vii. Case No. 43 of 2009 under Section 3 of U.P. Goonda Control Act, P.S. Kotwali Dehat, District Etah." Versus Counsel for Applicant(s) : Kalp Dev Mishra Counsel for Opposite Party(s) : Shrish Chandra Kesarwani Dhanpal Singh .....Applicant(s) Suresh Shah Sisaudiya And 4 Other .....Opposite Party(s) 3. According to applicant, the suit could not proceed for last 25 years as opposite party no. 1 is an influential advocate having a criminal background. The applicant wants that case may be transferred to some other neighbouring district so that the suit may be decided at the earliest. 4. Sri Shrish Chandra Kesarwani, Advocate, has put in appearance on behalf of opposite party no. 1 and submits that it is the applicant who is not letting the matter proceed and despite direction of co-ordinate Bench of this Court, the case is not proceeding. He submits that he has no objection if the case is transferred to some other neighbouring district. 5. The case has been heard and is being decided at admission stage with the consent of the parties without issuing notice to other opposite party nos. 2 to 5, as the applicant who is defendant in suit apprehends that the case would not be decided at District Court at Etah. Looking to the criminal history of plaintiff-opposite party no. 1 and as the case is pending for last 25 years, the same is transferred from the court of Civil Judge (Junior Division), Etah to court of Civil Judge (Junior Division), Kasganj, District-Kasganj which is a neighbouring district of District- Etah. 6. The transfer application stands allowed. 7. Registry of District Court, Etah shall transmit the file of Original Suit No. 654 of 2023 (Old No. 119 of 2000) to District Court, Kasganj, within 15 days from the date of production of certified copy of this order and Civil Judge (Junior Division), Kasganj shall proceed with the matter, as expeditiously as possible. October 10, 2025 V.S.Singh TACL No. 587 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad