Kariya and Another vs Sant Ram and 8 Others — Allahabad HC (2025) — LawSathi Research

Kariya and Another vs Sant Ram and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer application dismissed as not pressed; however, the Civil Judge (Junior Division), Khalilabad, Basti directed to make all endeavour to decide the application under Order 9 Rule 13 CPC (Misc. Case No. 12 of 2008), if not already decided, within six months if possible, if there is no legal impediment.

Issue for consideration

Maintainability of the second transfer application filed for the same cause of action after the earlier Transfer Application (Civil) No. 314 of 2008 stood dismissed in default. +1 more

Court's answer

On counsel for the applicant stating that he did not wish to press the present transfer application, the transfer application is dismissed as not pressed.

Ratio / Principle

All endeavour shall be made by the Civil Judge (Junior Division), Khalilabad, Basti to decide the application under Order 9 Rule 13 registered as Misc. Case No. 12 of 2008, if not already decided, within a period of six months if possible and if there is no legal impediment.

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 299 of 2025 (neutral citation 2025:AHC:76633), High Court of Judicature at Allahabad (Neeraj Tiwari, J.), decided 12.5.2025. Applicant sought transfer of Case No. 12 of 2008 (Sant Ram and others vs. Kariya and others), an application under Order 9 Rule 13 CPC registered as Misc. Case No. 12 of 2008, from Civil Judge, Khalilabad, Basti to Civil Judge, Khalilabad, District Sant Kabir Nagar on the ground of constitution of the new district. An earlier transfer application, T.A.(C) No. 314 of 2008, had resulted in an order dated 21.08.2008 transferring the said application, which was recalled on 24.10.2009, and T.A.(C) No. 314 of 2008 was dismissed in default on 08.12.2011. When confronted by the Court on the maintainability of a second transfer application for the same cause of action, counsel declined to press the present application and sought instead a direction for early disposal of the long-pending Order 9 Rule 13 application. Held: transfer application dismissed as not pressed; however, the Civil Judge (Junior Division), Khalilabad, Basti shall make all endeavour to decide Misc. Case No. 12 of 2008, if not already decided, within six months if possible and if there is no legal impediment. No precedent was cited or engaged with; quantum: nil.

Neutral Citation No. - 2025:AHC:76633

Court No. - 2

Case :- TRANSFER APPLICATION (CIVIL) No. - 299 of 2025

Applicant :- Kariya And Another Opposite Party :- Sant Ram And 8 Others Counsel for Applicant :- Himanshu Kumar,Tanisha Jahangir Monir

Hon'ble Neeraj Tiwari,J.

Heard Sri Vibhor Arora, Advocate, holding brief of Sri Himanshu Kumar, learned counsel for the applicant.

The case was heard on 01.05.2025 and the Court has passed the following order.

"Heard learned counsel for the applicant.

It is submitted that earlier the Case No. 12 of 2008 (Sant Ram and others vs. Kariya and others) was filed before learned Civil Judge, Khalilabad, Basti but later on a new district namely Sant Kabir Nagar has been constituted, therefore, the aforesaid case may be transferred to the Court of Civil Judge, Khalilabad, District Sant Kabir Nagar.

In view of the above, learned District Judge, Basti is directed to submit a report about the matter within two weeks.

Put up this case as fresh on 12.05.2025.

Registrar (Compliance) is directed to communicate this order to District Judge, Basti, within 24 hours. "

Pursuant to order dated 01.05.2025, learned District Judge, Basti has submitted report dated 09.05.2025 along with order of High Court dated 21.08.2008 and 24.10.2009 passed in Transfer Application(Civil) No. 314 of 2008, which is on record.

From the perusal of the aforesaid orders of the High Court, it is found that earlier this Court vide order dated 21.08.2008 passed in Transfer Application(Civil) No. 314 of 2008 has transferred the application under Order 9 Rule 13 CPC in registered as Misc. Case No. 12 of 2008, but later on has recalled the order dated 21.08.2008 vide order dated 24.10.2009. Ultimately Transfer Application(Civil) No. 314 of 2008 was dismissed in default vide order dated 08.12.2011.

Now for the same cause of action, present transfer application has been filed.

Being confronted by the Court about the maintainability of the second transfer application, learned counsel for the applicant submitted that he does not want to press the present transfer application and the same may be dismissed as not pressed. He lastly requested that as the application under Order 9 Rule 13 in registered as Misc. Case No. 12 of 2008 is pending since long, therefore, direction may be issued to Civil Judge(Junior Division), Khalilabad, Basti to decide the same at the earliest.

Under such facts of the case, transfer application is dismissed as not pressed.

However, all the endeavor shall be made by the Civil Judge(Junior Division), Khalilabad, Basti to decide the application under Order 9 Rule 13 in registered as Misc. Case No. 12 of 2008, if already not decided, within a period of six months if possible, if there is no legal impediment.

Order Date :- 12.5.2025 ADY

Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad