Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 287 of 2018 Applicant :- Manoj Kumar Sharma Opposite Party :- Amit Kumar Agrawal And Another Counsel for Applicant :- Anupam Tripathi,Sudhakar Singh Counsel for Opposite Party :- Kshitij Shailendra
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
Learned counsel for the applicant states that he does not want to file any rejoinder affidavit as the same is not required.
A suit has been filed by the Managing Trustee of a Trust, for permission to sell the Trust property.
The applicant claims to be a beneficiary of the Trust and has filed this transfer application on the ground that the territorial jurisdiction of the matter, once the new District Sambhal was carved out, lies with the Courts at Sambhal. Although, the High Court had, on the Administrative side, issued circulars for transfer of such matters to the newly carved District but this case was not transferred. Therefore, this application.
Sri Kshitij Shailendra, learned counsel appearing for the opposite party has opposed the transfer application and has submitted that directions have been issued in identical circumstances in a petition under Article 227, directing the parties thereto to approach the Registrar General on the Administrative side.
However, in the facts and circumstances and the admitted position that territorial jurisdiction, as on date, regarding the suit property is with the Courts at Sambhal and since from the facts urged by the learned counsel for the parties, the matter sought to be transferred, cannot be a part heard matter, this transfer application is liable to allowed and is hereby allowed.
Original Suit No.2 of 2017 pending before the Additional District Judge, Court No.2 Moradabad shall stand transferred to District-Sambhal forthwith.
Order Date :- 30.7.2018 Neeraj Digitally signed by ANJANI KUMAR MISHRA Date: 2018.08.01 10:33:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad