Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 8008 of 2018 Petitioner :- Sri Sad Guru Kabir Math Kabir Chaura Moolgadi And 2 Others Respondent :- Pannalal Alias Premdas And 2 Others Counsel for Petitioner :- Pankaj Srivastava
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioners and perused the record.
Prior to filing of this petition, the petitioners had filed an application for transfer of the proceedings under Section 24 of the Code of Civil Procedure before this court which was numbered T.A. (Civil) No.457 of 2018. The said application was rejected by order dated 17th September, 2018, which is extracted below :-
"Heard learned counsel for the applicant.
By means of this transfer application, the applicant who is plaintiff and has filed a suit for injunction as also two misc. cases regarding the orders passed in proceedings for grant of a Succession certificate, are sought to be transferred to one single Court primarily on the ground of convenience.
However, counsel for the applicant has not disputed the fact that an application had been filed for consolidation of all the three cases which, application has been rejected. The order of rejection has not bee subjected to any further challenge.
In my considered opinion, this transfer application is nothing but a ploy to get over the order passed on the application for consolidating the three cases.
It is also not disputed that the application for consolidating the cases has been rejected on the ground that the nature of cases being different they are not liable to be consolidated.
In view of the above, this transfer application is found to be bona fide and is rejected."
(Emphasis supplied) Now the petitioners have challenged the order dated 9th August, 2018, by which prayer to transfer the matters and consolidate them was rejected.
As, in the earlier round of litigation, this court had observed that it is not disputed that the application for consolidating the cases has been rejected on the ground that the nature of cases being different are not liable to be consolidated, this Court does not find any good reason to interfere with the order rejecting such prayer.
The petition is dismissed.
Order Date :- 31.10.2018. Rks.