Smt. Geetu Yadav vs Hawaldar Pramod Kumar Singh Yadav
2022 Latest Caselaw 895 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 
Case :- TRANSFER APPLICATION (CIVIL) No. - 670 of 2021
 
Applicant :- Smt. Geetu Yadav
 
Opposite Party :- Hawaldar Pramod Kumar Singh Yadav
 
Counsel for Applicant :- Rohit Kumar Singh,Ram Singh Yadav
 
Counsel for Opposite Party :- Diwan Saifullah Khan,Birendra Kumar Mishra
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for applicant and Sri Birendra Kumar Mishra, learned counsel for opposite party.

Learned counsel for applicant submitted that applicant is wife of opposite party residing at Delhi and opposite party has filed Case No. 441 of 2016 before Family Court, Ghazipur, which is far away from Delhi. It is very difficult for her to attend the Court proceedings at District Ghazipur on each date fixed and defend effectively. Therefore, the case may be transferred to Ghaziabad.

Per contra, Sri Birendra Kumar Mishra, learned counsel for opposite party submitted that suit was filed in the year 2016, in which except the testimony of defence witnesses, nothing remains to be recorded for adjudication of the case. He next submitted that case is at the verge of final stage, therefore, transfer of case would delay the proceedings. In support of his contention, he has placed reliance upon the judgment of Apex Court in the matter of Abhilasha Gupta vs. Harimohan Gupta reported in 2021 9 SCC 730 decided on 24.09.2021, in which Apex Court has taken view that once the case is at the verge of final decision, no interference is required. He further submitted that opposite party is also ready to bear the travel expenses of applicant on every date fixed.

Under such facts of the case, as it is not disputed that suit was filed in the year 2016 and present transfer application was filed in the year 2021 and further, only testimony of opposite party is to be recorded coupled with this fact that opposite party is ready to pay the travel expenses of applicant on every date fixed, no ground of transfer is made out.

Accordingly, transfer application is disposed off.

However, opposite party is directed to pay the fair of AC-II Class from Delhi to Ghazipur for to and fro journey of applicant and further Rs. 500/- shall also be paid for every date of hearing though Bank Draft. On the next date fixed, opposite party shall pay the expenses of next date of hearing alongwith expenses of one date advance as directed by this Court, failing which, it is open for the applicant to move recall application.

Order Date :- 8.4.2022

Sartaj