Devi Prasad @ Devi Prasad Verma and others vs Add. District Judge-7, Lucknow and others — Allahabad HC (2025) — LawSathi Research

Devi Prasad @ Devi Prasad Verma and others vs Add. District Judge-7, Lucknow and others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final decision on the transfer prayer; interim order passed: notices issued to private opposite party nos. 3 & 4 returnable at an early date with service steps within three working days; order to be communicated to the District & Sessions Judge, Lucknow for inquiry and report on the correctness of the allegations; matter put up on 28.11.2025 as fresh.

Issue for consideration

Whether Misc. Civil Appeal No. 43 of 2014 (Smt. Sunder Devi Versus U.P. Shia Central Waqf Board & other), pending under Order 43 Rule 1 CPC before Additional District Judge-7, Lucknow, should be transferred under Section 24 CPC to any other competent Court of a nearby district on account of alleged intimidation of the appellant's counsel and attack on applicant no. 1. +1 more

Court's answer

Notices were directed to be issued to the private opposite parties i.e. Opposite Party Nos. 3 & 4, returnable at an early date, with steps for service of notice to be taken within three working days (para 8).

Ratio / Principle

Sri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel for the State of Uttar Pradesh, present in Court, was directed to communicate the order to the learned District & Sessions Judge, Lucknow, who shall look into the matter, may obtain a report from the concerned Court to ascertain the correctness of the applicants' allegations, and is expected to communicate his opinion and report of action, if any, by the next date fixed.

Key takeaways

If the allegations made in the petition are accepted as correct on their face value, it is a matter of serious concern that such incidents are taking place causing interruption in the dispensation of justice, thus giving bad name to the justice delivery system (stated conditionally, in passing).obiter¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Syed Qamar Hasan Rizvi, J. — Transfer Application (Civil) No. 286 of 2025 under Section 24 CPC moved by Devi Prasad @ Devi Prasad Verma and others seeking transfer of Misc. Civil Appeal No. 43 of 2014 (Smt. Sunder Devi Versus U.P. Shia Central Waqf Board & other), an Order 43 Rule 1 CPC appeal pending before Additional District Judge-7, Lucknow. Applicants alleged that when the appeal was listed on 26.08.2025, private opposite parties ill-treated the appellant's counsel Sri K.K. Dwivedi and threatened him to withdraw his Vakalatnama, which he withdrew (C-98), and that Sri Kaifi Ahmad, Advocate, along with associates, attacked applicant no. 1 and threatened him not to pursue the case; complaints were reported to the District & Sessions Judge, Lucknow, Bar Council of Uttar Pradesh and the concerned Police Station (Annexure No. 2). The Court observed that if the allegations were correct, such incidents causing interruption in the dispensation of justice were a matter of serious concern; it issued notices to private opposite party nos. 3 & 4 returnable at an early date with service steps within three working days, and directed Sri Badrish Kumar Tripathi, Additional Chief Standing Counsel for the State, to communicate the order to the District & Sessions Judge, Lucknow to look into the matter and obtain a report from the concerned Court to ascertain the correctness of the allegations, with the opinion/report expected by the next date. Matter posted to 28.11.2025 as fresh. Interim order only; the transfer prayer remains undecided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 286 of 2025

Devi Prasad @ Devi Prasad Verma And Others

.....Applicant(s)

Versus

Add. District Judge-7, Lucknow And Others

.....Opposite Party(s) Counsel for Applicant(s) : Suresh Chandra Shukla Counsel for Opposite Party(s) : Syed Aftab Ahmad

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Suresh Chandra Shukla, learned counsel for the applicants and Sri Syed Aftab Ahmad, learned Standing Counsel for the respondent no. 2-U.P. Shia Central Waqf Board, Lucknow.

By means of the present application under Section 24 of the Code of Civil Procedure, the applicants have prayed for the following relief:-

"pleased to transfer the Misc. Civil Appeal No. 43 of 2014 (Smt. Sunder Devi Versus U.P. Shia Central Waqf Board & other), under Order 43 Rule 1 CPC from Additional District Judge-7, Lucknow to any other competent Court of nearby district and stay the aforesaid proceedings during the pendency of this transfer application. "

The contention of the learned counsel appearing on behalf of the applicants is that the allegation as made in the present application is that the appeal having Misc. Civil Appeal No. 43 of 2014 (Smt. Sunder Devi Versus U.P. Shia Central Waqf Board and another) filed under Order 43 Rule 1 CPC, pending in the Court of District Judge-7, Lucknow was listed on 26.08.2025. On that date, when Sri K.K. Dwivedi, Advocate, who appeared on behalf of the appellant, was illtreated by the private opposite parties and was threatened in as much as to withdraw his Vakalatnama. It is submitted by the learned counsel appearing on behalf of the applicants herein that his counsel namely Sri K. K. Dwivedi, Advocate withdrew his Vakalatnama (C-98) from the aforesaid appeal that is pending in the Court of learned

TACL No. 286 of 2025

2

Additional District Judge-VII, Lucknow.

It has been very emphatically submitted by the learned counsel appearing on behalf of the applicants that one Sri Kaifi Ahmad, Advocate along with his associates attacked the applicant no. 1 namely Devi Prasad and threatened him not to pursue the case.

It is also brought to the notice of the Court that the applicant herein has reported the matter to the authorities namely District & Sessions Judge, Lucknow, Bar Council of Uttar Pradesh and the concerned Police Station. Photo-stat copies of complaints sent through Registered Post to the aforesaid authorities are annexed herewith this petition as Annexure No. 2

In case if the allegations made in the present petition are accepted as correct on its face value then it is a matter of serious concern that such incidents are taking place causing interruption in the dispensation of justice, thus giving bad name to the justice delivery system.

Let notices be issued to the private opposite parties i.e. Opposite Party Nos. 3 & 4, returnable at an early date.

Steps for service of notice be taken within three working days.

Sri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel for the State of Uttar Pradesh, who is present in the Court is directed to communicate this order to the learned District & Sessions Judge, Lucknow, who shall look into the matter and may obtain a report from the concerned Court to ascertain the correctness of the allegations as have been made by the applicants in the present transfer application. It is expected that the learned District & Sessions Judge, Lucknow shall communicate its opinion and the report of action, if any, to this Court by the next date fixed in the matter.

Put up this matter on 28.11.2025 as fresh.

November 6, 2025 Arun

(Syed Qamar Hasan Rizvi,J.)

Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench