Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 240 of 2017 Applicant :- Subodh Kumar Bhardwaj & 5 Others Opposite Party :- Smt. Rashmi Counsel for Applicant :- Krishna Dev Mishra
Hon'ble Anjani Kumar Mishra,J.
In this case, counsel for the applicant has been directed to effect service of notice of this transfer application upon the opposite party by publication.
A supplementary affidavit dated 05.09.2018 has been filed annexing thereto the copy of the newspaper Amar Ujala dated 29.08.2018, wherein publication was made. The date fixed for appearance in the publication was 20.08.2018. Despite publication, neither any appearance nor any counter affidavit on behalf of the opposite party is available on record.
I have heard counsel for the applicant and am deciding this transfer application finally.
The applicants who are plaintiffs, seek transfer of their suit 472 of 2016, pending in the Court of Civil Judge (Senior Division), Aligarh, to an adjacent district. The aforesaid suit is one for declaration.
It is sought to be conveyed that the father of the applicant no. 1 was infact murdered by the opposite party. The brother of the opposite party is practising as a lawyer at Aligarh. It is on these allegations that the suit for declaration by the applicants, is sought to be transferred to some other district.
It has also averred in the affidavit filed in support of the transfer application that the applicant no. 1 has to look after his old and infirm mother, leaving him almost no time for his practise as a lawyer at Aligarh.
In Paragraph 24 of the affidavit, it has been stated that the opposite party is residing on the first floor of the same house wherein the applicant no. 1 and his mother are residing.
This Court fails to understand the logic behind the transfer application. It is not the applicants' case that they shall leave their house and start residing in the district where the declaratory suit filed by them is sought to be transferred.
Under such circumstances, there appears to be no logic of justification for filing the transfer application. Even if the case is transferred, it does not mean that the parties shall cease to reside at the house, they are residing at the moment.
The transfer application is, therefore, found to be neither bona fide nor logical.
It is accordingly, dismissed.
Order Date :- 18.9.2018 Kamar Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.24 10:54:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad