This court dismissed a transfer application filed to move an original suit from Chhibramau, Kannauj district to a neighboring district, finding the allegations vague and no ground for transfer made out.
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Neutral Citation No. - 2024:AHC:147425
Court No. - 35
Case :- TRANSFER APPLICATION (CIVIL) No. - 538 of 2024 Applicant :- Tahseem Khan And 3 Others Opposite Party :- Nagar Palika Parishad Gursahaiganj Thru. Its Executive Officer And 21 Others Counsel for Applicant :- Anirudh Singh,Indrakesh Kumar Sharma
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicants and perused the record.
This transfer application has been filed by the applicants seeking transfer of Original Suit No.366 of 2023 (Tahseem Khan and others Vs. Nagar Palika Parishad Gursahaiganj and others) from the court of Civil Judge (J.D.), Chhibramau, Kannauj to some other neighbouring district having same jurisdiction.
It is submitted by learned counsel for the applicant that the applicant has filed suit for permanent injunction against the respondents. The plaintiffs-applicants have also filed application for interim injunction under Order 39 Rule 1 and 2 C.P.C. and the trial court has granted interim order in favour of plaintiffsapplicants on 5.8.2023. The interim order granted on 5.8.2023 was vacated by Civil Judge (J.D.), Chhibramau, Kannauj on 6.5.2024 and next date was fixed on 29.5.2024 and thereafter the case was adjourned for 1.8.2024. It is further submitted by learned counsel for the plaintiffs-applicants that since the interim order dated 5.8.2023 was vacated by Civil Judge (J.D.), Chhibramau, Kannauj vide order dated 6.5.2024 and the next date has been fixed after about three months on 1.8.2024, there is no hope of justice from the aforesaid court and the case may be transferred to some other district.
In view of above submissions made by learned counsel for the applicants, it appears that the present transfer application has been filed with vague allegations.
No ground is made out for transferring the original suit from one district to some other district. The transfer application is devoid of merits and is liable to be dismissed.
The transfer application is dismissed, accordingly.
Order Date :- 10.9.2024 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
Tahseem Khan and others
Vipin Chandra Dixit
Kavleshwar Prasad Yadav
As recorded by the court registry
2 orders share this CNR
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