Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 521 of 2019 Applicant :- Mumtaz Ahmad Opposite Party :- Jangi Lal (Since Deceased) And 48 Others Counsel for Applicant :- Nehal Beg,Umesh Yadav
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicant.
This application has been filed to transfer the Original Suit No. 1018 of 1989 (Mumtaz Vs. Jangi Lal) pending before the court of Civil Judge (Junior Division), Azamgarh from district Azamgarh to district Mau.
The grounds mentioned in the affidavit filed in support of the application is that Mau is a new district that has been carved out from district Azamgarh and in this respect the file is belonging to the District Azamgarh is transferred to Mau but the file of the applicant is not transferred. It is stated that the property in dispute falls in District Mau and it is at a distance of about 5 kilometres from Azamgarh. Most of the respondents have been died and their heirs have been arrayed as party and due to the distance the respondents are not appearing 'properly' in the matter and despite the order of the High Court for disposal of the case within eight months, the court below is unable to decide the matter. It is further stated that District Court Azamgarh is at a distance of more than 45 kilometres from the house of the applicant as well as from the house of the respondents and there being 44 parties in the matter and the matter is not being decided expeditiously. It is further stated that the entire records of the property in dispute has been transferred to the district Mau and there is no document in Azamgarh.
A perusal of the order-sheet that has been filed along with supplementary affidavit no. 1 of 2019 reveals that the matter in the court below is at the stage of evidence. Annexure No. 4 to the affidavit of the transfer application is an order passed by the District Judge, Azamgarh in Transfer Application No. 80 of 2012 which is dated 1 April 2019. In that order the District Judge has observed that the case is pending since 1989 and is at the stage of evidence. The Judge has referred to the Circular letter dated 1.11.2000 issued by the High Court in its administrative side in which states that when a matter has been partly heard in a particular district, the same would not be transferred. The District Judge has also referred to the decision of the High Court dated 2 July 2018 in Matter Under Article 227 No. 3891 of 2018 in which a direction was issued for deciding the case within a period of eight months. Considering the facts and circumstances of the case, the District Judge has declined to the transfer and directed the court below to expeditiously dispose of the suit.
Having perused the order-sheet of the court below, the order of the District Judge as well as the Circular letter issued by High Court on 1.11.2000, I find that no specific grounds has been raised by the applicant that would entitle him to the relief sought for. Admittedly, the case is at the stage of evidence and the court is fixing short dates in the matter. With regard to the documents being transferred to District Mau, the applicant has not specified that what are the documents required in the suit that are not present in the record of the suit.
In view of the above, no such relief as prayed for can be granted in the facts and circumstances of the case and this case is, accordingly, dismissed.
Order Date :- 26.11.2019 A. V. Singh Digitally signed by Justice Jayant Banerji Date: 2019.11.26 16:40:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad