Court No. - 49
Case :- TRANSFER APPLICATION (CIVIL) No. - 478 of 2021 Applicant :- Brajvir Singh Opposite Party :- Nagar Panchayat, Oon Counsel for Applicant :- Vijay Pratap Singh
Hon'ble Manoj Kumar Gupta,J.
The instant transfer application has been filed on the ground that the dispute relates to the territorial area which now falls under the jurisdiction of newly created District Court at Shamli. Consequently, the suit bearing No.14 of 2011 filed by the mother of the applicant, who died during pendency of suit, now represented by the applicant, ought to have been transferred to the newly established judgeship.
This Court by previous orders passed from time to time sought for a report from the District Judge Muzaffar Nagar in this behalf.
In compliance of the direction issued by this Court, the District Judge has submitted a report dated 8.12.2021 wherein it is stated that upon creation of new judgeship of Shamli at Kairana, the cases pertaining to the area falling under the newly created judgeship, were transferred in compliance of Circular Letter No.49/2000/Admin A-3 dated 1.11.2000. It is also stated in the said report that in terms of the same circular letter, since the instant suit was part heard one, therefore, it was not transferred.
Learned counsel for the applicant does not dispute the said fact.
Consequently, there is no merit in the instant transfer application.
It is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 23.12.2021 skv Digitally signed by Manoj Kumar Gupta Date: 2021.12.23 17:28:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad