Allahabad High Court

Raju And 3 Other vs Mehar Chand And 4 Other on 25 August, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:147332
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
TRANSFER APPLICATION (CIVIL) No. - 612 of 2025
 
Court No. - 37
 
HON'BLE CHANDRA KUMAR RAI, J.
 

 

 
1. Heard Mr. Syed Ali Imam, learned counsel for the applicant.
 
2. The brief facts of the case are that original suit No.748 of 2016 filed by applicants for permanent injunction is pending in the court of Civil Judge (S.D.) Gautam Buddh Nagar. In the aforementioned case, the plaintiff/applicants moved an application for interim injunction which was rejected by trial court thereafter plaintiffs challenged the same before Hon'ble court and this Court Court vide order dated 15.05.2019 has directed the parties to maintain status quo with respect to nature and possession of the property in dispute. The defendants filed S.L.P. before the Hon'ble Apex Court and Hon'ble Apex Court vide order dated 09.12.2024 decided the matter granting liberty to parties to raise their grievance before the presiding judge of the Civil Court and decide the suit in accordance with law before March, 2025. Copy of the order of Hon'ble Apex Court is annexed as annexure No.2 to the instant transfer application. Applicants filed a transfer application before District Judge which has been rejected under impugned order dated 4.08.2025. Hence this transfer application on behalf of the applicant with the following relief:
 
"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and set aside the orrder dated 4.8.2025 passed by District Judge, Gautam Buddh Nagar in Misc. Case (Civil) No.167 of 2025 (Raju and others Vs. Mehar Chand & others) and kindly may transfer the original suit no.748 of 2016 (Raju and others Vs. Mehar Chand & others) from the court of Civil Judge (Senior Division) Gautam Buddh Nagar to any other competent Court of Same District, else the applicants shall suffer irreparable loss and injury.
 
It is further prayed that this Hon'ble Colurt may graciously be pleased to stay the further proceeding of the original suit No.748 of 2016 (Raju & others vs. Mehar Chand & others) pending before the Civil Judge (Senior Division) (Gautam Buddh Nagar).
 
And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
 
3. Learned counsel for the applicants submitted that Civil Judge (Senior Division), Gautam Buddha Nagar is not proceeding in accordance with law in the pending suit. He further placed the order sheet in order to demonstrate that court is proceeding in arbitrary manner. He further submitted that reasonable apprehension has arose in the mind of applicants that they will not get justice from the court concerned as such application for transfer should be allowed. He submitted that transfer application filed on behalf of applicants has been rejected by District Judge in arbitrary manner.
 
4. I have considered the arguments advanced by the learned counsel for the applicants and perused the record.
 
5. There is no dispute about the fact that the suit No.748 of 2016 filed by applicants is pending before the Court of Civil Judge (Senior Division) Gautam Buddha Nagar since 2016. There is also no dispute about the fact that Hon'ble Apex Court expedited the proceeding of aforementioned suit vide judgment dated 09.12.2024. There is no dispute about the fact that transfer application filed by applicants has been rejected by District Judge vide order dated 4.8.2025.
 
6. In order to appreciate the controversy, the perusal of relevant portion of the order passed by District Judge rejecting the transfer application of the applicants will be relevant which is as under:-
 
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10. ??? ?????? ??? ???? ?????????? ?? ???? ??????? ????????? ??????? ??. ?? ????? ???????? ?? ???? ??????? ?? ?? ???? ??? ???? ???? ???????? ?? ??? ????? ???? ??? ??? ???? ???? ?? ?????? ???? ?? ??? ???? ???? ???? ?????? ?????? ?? ????????, ???????? ?????? ??? Tula Ram vs Horjivan Das (1982) ????? Allahabad 60 ??? ????? ???????? ?????????? ???? ?? ?? ???????? ?? ?? ???? ????? ???? ????? ?? ???? ????? ?? ??? ???? ?????? ?? ??? ??? ???? ???????? ???? ??, ?? ???, ??? ???????? ??? ??? ???? ??? ??, ???? ???? ?? ??? ???? ????????? ??? ?? ??? ?? ?? ??? ???? ???? ????????????? ??? ???? ????? ?????? ?? ??? ???? ???? ???
 
11. ???????? ???????? ?????? ???? ????????? ???? ???? ?????????? ?????? ?? 748/2016 ???? ??? ???? ?????? ??? ?????????? ????? ?? (??.??.) ??.??. ??. ??? ????????? ??, ?? ???? ???????? ??? ?????????? ?? ???? ???????? ???? ??? ??? ?????????? ?? ????????? ???? ?????? ???? ???? ????? ???
 
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04.08.2025 
 
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7. Perusal of the order passed by Apex Court dated 09.12.2024 expediting the proceeding of instant original suit will be relevant which is as under:-
 
UPON hearing the counsel the Court made the following
 
ORDER

1. We have heard learned counsel for the parties.

2 Injunction having been refused by the trial court, such order was carried in appeal by the plaintiff-respondent. The High Court directed status quo to b maintained by the Impugned order dated 15th May, 2019. The said order challenge at the Instance of the defendant-petitioner.

During the five years this special leave petition has been pending on the file of this Court, the suit has progressed substantially towards its logical conclusion. We are informed by learned counsel appearing for the defendant-petitioner that final arguments have been concluded; however, learned counsel representing the plaintiff-respondent submits that final arguments are yet to commence.

4. Be that as it may, without entering into any controversy on this point, we dispose of the special leave petition granting liberty to the parties to raise all their contentions before the presiding Judge of the Civil Court. Since at least there is no dispute that the suit has reached the stage of arguments, the learned judge may allow the parties to advance arguments, if arguments have not concluded. If arguments have concluded, the presiding officer may proceed to decide the suit, according to law. In any case, the suit be decided as early as possible, preferably before March, 2025.

5. Needless to observe, we have not expressed any opinion on merits on the challenge to the grant of interim injunction.

 
6 Pending application(s), if any, shall stand disposed of
 
(RASHMI DHYANI PANT)                    (SUDHIR KUMAR SHARMA)
 
COURT MASTER (SH)                        COURT MASTER (NSH)

8. The argument advanced by the learned counsel for the applicant that court concerned is not proceeding in accordance with law, as such the pending suit should be transferred, cannot be accepted as the same cannot be ground for transfer of the case rather the applicant can challenge the final judgment/order passed in original suit before proper court, if there is any illegality or irregularity in the orders passed in original suit.

9. Considering the order passed by Apex Court as well as order passed by District Judge rejecting the transfer application, there is no scope of interference by this Court under Section 24 of Civil Procedure Code.

10. The Transfer application is devoid of merit and dismissed accordingly.

(Chandra Kumar Rai,J.)

August 25, 2025

PS*/Vandana