Allahabad High Court
Gangaram vs Deep Kamal Mishra And 7 Others on 11 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:161533
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 230 of 2022
Gangaram
.....Applicant(s)
Versus
Deep Kamal Mishra And 7 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Anshuman Saxena
Counsel for Opposite Party(s)
:
Mukesh Joshi
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Anshuman Saxena, learned counsel for the applicant and Mr. Mukesh Joshi, learned counsel for opposite party No.1.
2. Brief facts of the case are that applicant along with his two brothers Murari Lal and Lakshman Prasad filed a original suit No. 04 of 2004 on 2.1.2004 impleading Smt. Draupadi Devi (mother of opposite party Nos. 4 to 7) and others as defendants for declaration of the unregistered will deed dated 12.12.1986 as a void document. Applicant filed an application on 2.7.2020 in aforementioned original suit No. 4 of 2004 for expeditious disposal in the light of the order of this Court dated 14.2.2017 but Civil Judge (J.D.) Bisalpur rejected the plaintiff's application for expeditious disposal of original suit No. 4 of 2004. Transfer application No. 37 of 2021 filed by Kamlesh Kumari (dead) through their LRs to transfer the original suit No. 4 of 2004 was dismissed by District Judge Pilibhit vide order dated 15.9.2021. Hence this transfer application for following relief:-
" It is most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and transfer the O.S. No. 4 of 2004 Gangaram and Ors. V/s Smt. Draupadi Devi and Ors. from the Court of Ld. Civil Judge (J.D.) Bisalpur District Pilibhit to a competent Court of jurisdiction in adjoining any district namely Bareilly Rampur or Badaun.
It is further prayed of this Hon'ble Court seeing the ill health and old age (about 80 years) of the applicant and long pendency of the case (about 18 years) may graciously be pleased to pass order/ direction to the concerned competent Court of jurisdiction for time bound disposal of the O.S. No. 4 of 2004 Gangaram and Ors. Vs. Smt. Draupadi Devi and Ors. to given effect to the fundamental and constitutional right to speedy dispensation of justice wherein inordinate delay is caused by the intentional and repetitive obstructions caused by the opposite parties."
3. This Court entertained the matter on 29.4.2022 and stayed the further proceeding of original suit No. 4 of 2004.
4. In pursuance of the order of this Court, parties have exchanged their pleading.
5. Learned counsel for the applicant submitted that civil and criminal litigation are pending between the applicant and counsel for the opposite party Mr. Sompal. Mr. Sompal was also counsel for the applicant and has played fraud with the applicant. He next submitted that dispute between the applicant and Mr. Sompal went up before the Apex Court by way of filing S.L.P. (Crl.) No. 1665 of 2017. The Apex Court disposed of the said S.L.P. vide judgment and order dated 16.05.2018 and transferred all the cases pending between the parties to District Bareilly. Against the order of the Apex Court dated 16.05.2018, recall application was also filed, which was rejected vide order dated 17.12.2021 with finding that reasons given shall also be applicable in other matters pending between the parties. He next submitted that now Mr. Sompal became the counsel of opposite party, which is not permissible under law as he was earlier counsel for the applicant and also played fraud upon him. He submitted that Mr. Sompal is doing the similar nature of work and creating hindrance in the proceedings of the case.
6. On the other hand, learned counsel for opposite party No.1 submitted that opposite party no.1 has not caused any hindrance in disposal of original suit No. 4 of 2004 which is recorded in order of Civil Judge dated 8.1.2021 annexed as Annexure No. CA 1 to the counter affidavit filed on behalf of opposite party no.1. He submitted that applicant as well as counsel for applicant are creating hindrance in suit proceeding. He submitted that there is no valid ground to transfer the proceeding of original suit No. 4 of 2004, as such, instant transfer application is liable to be rejected.
7. I have considered the arguments advanced by learned counsel for the parties and perused the records.
8. There is no dispute about the fact that original suit No. 4 of 2004 filed by applicant for declaration that will-deed dated 12.12.1986 be declared null and void is pending in the Civil Court Pilibhit.
9. In order to appreciate the controversy involved in the matter, the perusal of order dated 15.9.2021 passed by District Judge Pilibhit on the transfer application filed by opposite party will be relevant which is as under:-
"???????? ???? ?????????, ????????
??????????? ????????? ???? ??????- 37/2021
????? ?????? ???? ??????? ????
?????????? ????? ?????? ????? ?????? ?????? ????? ????????? ?? ?? ?? ???????? ??????????? ????????? ???? 5-?, ???????? ????-24, ??????? ????????? ?????? ?????? ???? ???? ???
?????? ???? ???????? ?????? ?????? ??????- 04/2004 ??????? ? ???? ???? ??????? ???? ? ???? ?? ??????? ?? ????????? ???? ???? ?? ???? ????? ???? ??? ??? ??? ????????? ???????? ?? ?????? ???? ???? ?? ?? ? ???? ???? ?? ????? ?? ????? ???? ????? ?? ?????? ??? ?? ??????? ???? ???? ????????? ?????
???? ?? ????? ??????????? ????????? ???????? ?? ??????? ?? ?????
(????? ?????-????)
???? ?????????, ????????
15.09.2021"
10. There are allegations and counter allegations by both parties against each other as well as their counsel coupled with the fact that opposite parties have also claimed transfer of the pending proceeding from the Court of Civil Judge (J.D) Bisalpur Pilibhit to any other Court and interim order is operating since 2022 in the instant transfer application filed on behalf of applicant who is plaintiff of original suit No. 4 of 2004, as such, interest of justice requires that proceeding of original suit No. 4 of 2004 should be transferred from Pilibhit to Bareilly where cases are pending between the parties.
11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of original suit No. 04 of 2004 is transferred from the Court of Civil Judge Junior Division Bisalpur Pilibhit to the competent Court at Bareilly. The Civil Judge Junior Division Bisalpur Pilibhit is directed to transmit the record of original suit No. 04 of 2004 to Civil Court Bareilly forthwith. The Civil Court at Bareilly shall decide the original suit No. 04 of 2004 expeditiously preferably within period of six months from the date of production of certified copy of this order.
(Chandra Kumar Rai,J.)
September 11, 2025
Vandana Y.
