HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 685 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Anupam Kulshreshtha, learned counsel for the applicant and Mr. Sudhanshu Kumar, learned counsel for plaintiff/ opposite party. 2. Brief facts of the case original suit No. 90 of 2021 (old No. 474 of 2015) was filed for declaration, original suit No. 91 of 2021 (old No. 501 of 2015) was filed for mandatory injunction as well as counter claim was filed in original suit No. 91 of 2021 (old No. 501 of 2015). The aforementioned original suits were decided by common judgement and decree dated 17.10.2024. Against the judgement and decree dated 17.10.2024, First appeal No. 1238 of 2024 and first appeal No. 31 of 2025 have been filed before this Court. Against the judgement and decree dated 17.10.2024 passed in original suit No. 90 of 2021, appeal No. 108 of 2024 has been filed before the District Judge in view of the valuation of suit No. 90 of 2021. 3. The instant transfer application has been filed for the following relief:- "It is therefore, most respectfully prayed that the Hon'ble court may graciously be pleased to allow this application and to transfer the Civil Appeal No. 108 of 2024; Sudhanshu Jain Vs. Nemi Chandra Jain, pending the court of learned Additional District Judge, Court no. 14, Agra, to this Hon'ble Court so that all the three appeal, two appeal filed in this Hon'ble Court namely; First Appeal No. 1238 of 2024 and First Appeal No. 31 of 2025 and one Civil Appeal filed before Versus Counsel for Applicant(s) : Anupam Kulshreshtha Counsel for Opposite Party(s) : Sudhanshu Kumar, Swapnil Kumar Nemi Chandra Jain .....Applicant(s) Sudhanshu Jain .....Opposite Party(s) the learned District Judge, Agra against the same judgment and order dated 17.10.2024 be decided together in order to avoid any contradiction. It is further prayed that the further proceedings of Civil Appeal No. 108 of 2024; Sudhanshu Jain Vs. Nemi Chandra Jain, pending the court of learned Additional District Judge, Court no. 14, Agra be stayed during pendency of the aforesaid transfer application in this Hon'ble Court, or be pleased to pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case." 4. Counsel for the applicant submitted that proceeding of civil appeal No. 108 of 2024 pending before the Additional District Judge Court No. 14 Agra should be transferred to this Court so that all the three appeals may be heard and disposed of together by this Court. He further placed the order passed in the first appeal passed by this Court in which it is mentioned by this Court that parties can move application before the appropriate Court for getting the other appeal which is pending before the IXth Additional District Judge Agra transferred to this Court. 5. Learned counsel for the opposite party has no objection to the prayer made by counsel for the applicant. 6. I have considered the arguments advanced by learned counsel for the parties and perused the records. 7. In order to appreciate the controversy involved in the matter, perusal of paragraph No. 21 of the affidavit filed in support of the transfer application will be relevant which are as under:- "That since two suits and the counter claim were decided by the learned Civil Judge (Senior Division)/ Judge Small Cause Court, Agra by a common judgement and order dated 17.10.2024, hence the civil appeal No. 108 of 2024 (arising from the judgement and order dated 17.10.2024 passed in O.S. No. 90 of 2021 (old O.S. No. 474 of 2015) Sudhanshu Jain Vs. Nemi Chandra Jain) pending in the Court of TACL No. 685 of 2025 2 learned Additional District Judge, Court No. 14, Agra be also decided by this Hon'ble Court along with the First Appeal No. 1238 of 2024 and First Appeal No. 31 of 2025." 8. Perusal of interim order passed by this Court in First Appeal No. 1238 of 2024 will be relevant which is as under:- "1. Learned counsel for the appellant and learned counsel for the respondents are present. 2. It has been pointed out that Original Suit No.90 of 2021 and Original Suit No.91 of 2021 were decided by a common judgment and this appeal relates to the judgment and decree passed in Original Suit No.91 of 2021, whereas the appeal against the judgment and decree passed in Original Suit No.90 of 2021 is pending before the court of 9th Additional District Judge, Agra. 3. Learned counsel for the respondents submitted that since both the suits were disposed of by a common judgment, as such, both the appeals should also be decided by the same Court. 4. In view of this, the parties are directed to move an application before the appropriate Court for getting the other appeal, which is pending before the court of 9th Additional District Judge, Agra transferred to this Court. 5. As per office report, lower court record has been received. 6. List this case on 22.09.2025 along with connected matters. 7. Interim order, if any, is extended till the next date of listing." 9. Considering the aforementioned averment made in the instant transfer application as quoted above, the prayer for transfer made in the transfer application should be allowed. 10. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. Civil Appeal No. 108 of 2024 pending before Additional District Judge, Court No. 14, Agra is transferred to this TACL No. 685 of 2025 3 Court. Additional District Judge Court No. 14 Agra is directed to transmit the record of civil appeal No. 108 of 2024 to this Court forthwith. The Registry of this Court shall take appropriate steps accordingly after receipt of record of civil appeal No. 108 of 2024. September 25, 2025 Vandana Y. TACL No. 685 of 2025 4 (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