Ravishek Dixit Vs Lakshmi — Writ and Judicial Review | Allahabad HC (2025)

Ravishek Dixit Vs Lakshmi — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Intra-court appeal disposed of with the Single Judge's transfer order effectively upheld; Suit No.1440/2022 to be taken up on priority basis and culminated within a further period of eight months from the order; both parties permitted to appear before the Court concerned within 15 days and file a copy of the order; scope of amicable settlement left open.

Issue for consideration

Whether the learned Single Judge's order dated 11.11.2024 transferring Suit No.1440/2022 from District Lucknow to District Shahjahanpur was legally sustainable, particularly in view of the respondent's residence at Shahjahanpur and the earlier direction to decide the suit within one year.

Ratio / Principle

Since the respondent has admittedly chosen to live with her sister at district Shahjahanpur, the Division Bench finds no illegality in the order passed by the learned Single Judge transferring the suit proceedings to District Shahjahanpur.

Key takeaways

Taking note that a period of one year had been fixed for culmination of Suit No.1440/2022, the Court directs that the proceedings be taken up on priority basis by the Court at Shahjahanpur and grants a further period of eight months from the date of this order for culmination strictly in terms of the order already passed by this Court.ratio¶5
Leaving the scope of amicable settlement open, the appellant and respondent are both allowed to appear before the Court concerned within 15 days from the date of the order and file a copy of this order.ratio¶6

Detailed headnote1 paragraphs

Division Bench (Attau Rahman Masoodi and Rajeev Singh, JJ.) of the High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation 2025:AHC-LKO:20969-DB), in SPECIAL APPEAL No. - 295 of 2024 filed in person by Ravishek Dixit under Chapter VIII Rule 5 of the Allahabad High Court Rules, disposed of the challenge to the order dated 11.11.2024 passed by the learned Single Judge in Transfer Application (Civil) No.157/2022 under Section 24 CPC, whereby Suit No.1440/2022 (Ravishek Dixit Vs. Lakshmi) was transferred from District Lucknow to District Shahjahanpur. Holding that the respondent-wife has admittedly chosen to live with her sister at district Shahjahanpur, the Court found no illegality in the transfer order. While noting that a period of one year had been fixed by order dated 09.02.2024 in Article 227 petition No.637/2024 for culmination of the suit, the Court directed the transferee Court to take up the proceedings on priority basis and granted a further period of eight months for their culmination strictly in terms of its earlier order. Leaving the scope of amicable settlement open, the parties were permitted to appear before the Court concerned within 15 days and file a copy of the order. Order dated 15.4.2025.

Neutral Citation No. - 2025:AHC-LKO:20969-DB

Court No. - 1

Case :- SPECIAL APPEAL No. - 295 of 2024 Appellant :- Ravishek Dixit Respondent :- Lakshmi Counsel for Appellant :- In Person

Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J.

Heard the appellant- Ravishek Dixit in person.

The intra court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is directed against the judgment and order dated 11.11.2024 passed by this Court in Transfer Application (Civil) No.157/2022 under Section 24 CPC.

This Court, having regard to the litigation between the parties and looking to the fact that the respondent (wife) was residing with her sister in Shahjahanpur, has passed the impugned order to transfer the proceeding of Suit No.1440/2022 (Ravishek Dixit Vs. Lakshmi) from the District Lucknow to District Shahjahanpur.

The appellant has primarily emphasized on the point that the pending proceedings of Suit No.1440/2022 were directed to be decided expeditiously, preferably within a period of one year and it is for this reason that the appellant in the transfer application chose to invoke the jurisdiction of this Court under Section 24 of CPC for transfer of suit proceeding. In nutshell, the very transfer of proceedings was aimed to frustrate the purpose of order dated 09.02.2024 passed in the petition filed under Article 227 No.637/2024.

Be that as it may, once, it is admitted by the respondent herein that she has chosen to live with her sister at districtShahjahanpur, we do not find any illegality in the order passed by the learned Single Judge. We, however, take note of the fact that period of one year was fixed by the Court for culmination of proceedings of Suit No.1440 of 2022, which in any case, must be honored by the Court concerned at DistrictShahjahanupr. The proceedings of suit shall be taken up on priority basis by the Court concerned and an earnest effort shall be made to culminate the same strictly in terms of order passed by this Court, for which, a further period of eight months is granted from today.

Leaving the scope of amicable settlement open, we allow the appellant and respondent both to appear before the Court concerned within 15 days from today and file a copy of this order.

With what has been observed above, the intra court appeal is hereby disposed of.

(Rajeev Singh,J.) (Attau Rahman Masoodi,J.)

Order Date :- 15.4.2025 V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench