Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 94 of 2017 Applicant :- Manmohan Nath Dubey And Another Opposite Party :- Vinod Dubey Counsel for Applicant :- Narendra Mohan
Hon'ble Anjani Kumar Mishra,J.
Office report dated 26.04.2018 states that the notice of this transfer application has been served upon the opposite party. Despite notice, neither any appearance nor any counter affidavit has been filed.
This is a transfer application by the defendant in a suit for permanent injunction which is pending consideration in decree at Moradabad.
The Transfer application has been filed primarily on the ground that the applicant is aged about 90 years and is suffering from various ailments. He is residing at Noida (Gautam Budh Nagar) and is not in a position to travel by himself to attend the court proceeding at Moradabad. He is forced to avail the help of a relative residing in Bulandshar to accompany him to Moradabad.
Since, despite notice the opposite party, plaintiff in the suit, has not come forward to controvert allegations made in the affidavit in support of the transfer application, the averments are liable to be accepted as correct.
Accordingly, this transfer application is allowed.
O.S. No. 998 of 2013 pending at Moradabad is hereby transferred to Gautam Budh Nagar.
MISHRA Order Date :- 27.4.2018 ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885 bf64ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbd c71f5b0ec1e2f0938431e25dbbadc938239 15b36c6f, CN=ANJANI KUMAR MISHRA Priyanka Reason: I am the author of this document Location:
Date: 2018-04-27 15:33:49