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2025 DAILYLAW 88741 (ALL)

SANJAY SHARMA AND 2 OTHER v. CHETAN KAUSHIK

TACL/599/2025 · 2025-08-21

Chandra Kumar Rai

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:144528 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 599 of 2025 Applicant :- Sanjay Sharma And 2 Other Opposite Party :- Chetan Kaushik Counsel for Applicant :- Vikas Chauhan Hon'ble Chandra Kumar Rai,J. 1. Hear learned counsel for the applicants. 2. The instant transfer application has been filed to transfer the proceeding of Case No.900 of 2024 (Chetan Kaushik vs. Sanjay Sharma and Others), pending before Civil Judge (Senior Division), Ghaziabad to civil court, Gautam Buddha Nagar in the competent jurisdiction. 3. Counsel for the applicants submitted that in view of the averments made in the affidavit filed in support of the transfer application to the effect that applicants are facing difficulty in attending the proceeding of the original suit filed by opposite party, the proceeding of Original Suit No.900/2024 be transferred from Ghaziabad to the competent court at Gautam Buddha Nagar. He further submitted that daughter of the opposite party is a practicing advocate at Ghaziabad, as such, the applicants have apprehension that they will not get justice from the court at Ghaziabad. He submitted that in the interest of justice the proceeding of original suit should be transferred from Ghaziabad to Gautam Buddha Nagar. 4. I have considered the arguments advanced by learned counsel for the applicants and perused the records. 5. There is no dispute about the fact that original suit for permanent injunction filed by the opposite party is pending in the civil court at Ghaziabad. There is also not dispute about the fact that the applicants and the opposite party are real brothers and the daughter of the opposite party is a practicing advocate at Ghaziabad as well as the son of applicant no.1 is also a practicing advocate at Ghaziabad. 6. The ground set up by the applicants to transfer the proceeding of original suit from Ghaziabad to the civil court at Gautam Buddha Nagar cannot be accepted as son and daughter of both the parties are advocate practicing in the Ghaziabad. 7. Considering the entire facts and circumstances of the case, no interference is required in the matter. 8. The transfer application is dismissed accordingly. Order Date :- 22.8.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad