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2025 DAILYLAW 94733 (ALL)

VIJAY KUMAR v. OMKAR SINGH AND ANOTHER

TACL/668/2025 · 2025-09-09

Chandra Kumar Rai

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 668 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned counsel for the applicant. 2. Brief facts of the case are that original suit No.408 of 2017 filed by opposite party No.1 is pending in the Court of Civl Judge (S.D.) Bareilly and applicant is defendant No.2 in the suit. 3. The instant transfer application has been filed for the following the relief:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and transfer the Specific Relief Act Case No.408 of 2017 titled as "Omkar Vs. Sanjay and ors" pending in the court of learned Civil Judge, Junior Division, Bareilly to the competent Civil Court in the District-Ghaziabad, in the interest of justice. It is further prayed that this Hon'ble Court kindly be pleased to stay the further the proceeding of Specific Relief Act Case No.408 of 2017 titled as "Omkar Vs. Sanjay and Ors" pending in the Court of learned Civil Judge, Junior Division, Bareilly, during the pendency of the present application before this Hon'ble Court, otherwise the applicant shall be suffer4 from irreparable loss and injury. And/ or to pass such other and further orders which this Hon'ble Court may deem fit and proper in the circumstances of the case." Versus Counsel for Applicant(s) : Dheeraj Maheshwari Counsel for Opposite Party(s) : Vijay Kumar .....Applicant(s) Omkar Singh And Another .....Opposite Party(s) 4. Learned cousnel for the applicant submitted that civil suit filed by the opposite party is pending before Civil Judge, Junior Division, Bareilly. He submitted that suit is not proceeding in proper manner, as such suit should be transferred from the Court of Civil Judge, Junior Division, Bareilly to any other Court of District-Ghaziabad. He further placed reliance upon the para Nos.16 and 17 made in the affidavit filed in support of the instant transfer application. 5.I have considered the arguments advanced by the learned counsel for the applicant and perused the record. 6. There is no dispute about the fact that suit for injunction filed by the opposite party is pending before Civil Judge Junior Division Bareilly since 2017 in which applicant along with his brother was impleaded as defendants. 7. It is material to mention that more than 8 years have passed and suit is still pending before the civil Judge Junior Division at Bareilly. There is no ground to allow the transfer application in respect to the original suit filed in the year 2017. 8. So far as expeditious disposal of the suit is concerned, the proper steps can be taken by the parties to the suit in accordance without law. 9. No interference is required in the matter. 10 . The instant transfer application is dismissed accordingly. September 10, 2025 PS*/Vandana TACL No. 668 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad