Mukesh Kumar vs Civil Judge (Junior ...
2014 Latest Caselaw 8508 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- TRANSFER APPLICATION (CIVIL) No. - 471 of 2012
 
Applicant :- Mukesh Kumar
 
Opposite Party :- Civil Judge (Junior Division),Hawali Aligarh And Others
 
Counsel for Applicant :- Pramod Kumar Dwivedi
 
Counsel for Opposite Party :- P.C. Sharma
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard Sri Pramod Kumar Dwivedi, learned counsel for the applicant and Sri PC Sharma, learned counsel for respondent no. 5. 

2. By means of this transfer application, the applicant has prayed for transferring Misc. Case No. 9 of 2009; Mukesh Kumar Vs. Sri Ashok Kumar and others from the court of Civil Judge (Junior Division), Hawali, Aligarh to the Court of Civil Judge (Junior Division), Mahamaya Nagar.

3. It is stated that in the year 2000, the State Government created a new district namely Mahamaya Nagar (Hathras). Thereafter this court issued a Notification No. 49/2000 (Admin) on 1.11.2000 directing District Judge Aligarh to transfer those cases which are related to newly created district Mahamaya Nagar (Hathras).

4. It has further been submitted that the aforesaid Misc. Case No. 9 of 2009 pertains to an area within the jurisdiction of new district Mahamaya Nagar (Hathras) which was created in the year 2000 and it should be transferred to district Mahamaya Nagar.

5. Since by the Notification No. 49/2000 (Admin) on 1.11.2000 the District Judge, Aligarh was directed to transfer those cases which are related to newly created district Mahamaya Nagar (Hathras), this application is liable to be allowed. 

6. Learned counsel for the parties could not dispute that in view of this Court's notification dated 1.11.2000, Misc. Case No. 2 of 2009 is liable to be transferred to Mahamaya Nagar.

7. In view of the above, the application is allowed. Misc. Case No. 9 of 2009 is transferred to a competent court at Mahamaya Nagar. The concerned court at Aligarh shall ensure transmission of record to the competent court at Mahamaya Nagar forthwith.

8. In view of the above, the transfer application is allowed.

Order Date :- 13.11.2014/SKS