Heard lerned counsel for the petitiner and Sri Shyam Mani Shukla, learned counsel for the respondent No.1.
Pursuant to the order of this Court, instructions received by Sri Shyam Mani Shukla learned counsel from the office of Nagar Nigam,Agra placed before the court and the same is taken on record.
The petitioner has preferred the present petition with the prayer to direct the respondents not to interfere in the peaceful possession of the petitioner, use an enjoyment of the disputed property.
It is argued by learned counsel for the petitioner that after filing of the suit in the year 2011, when the respondents tried to interfere in his peaceful possession, an application dated 06.03.2020 was filed by the petitioner in the trial court which was numbered as Paper No.76Ga. It is further argued since the court is vacant, an application was also filed by the present petitioner before the District Judge, Agra being Misc. Transfer Application No.135 of 2020 with the prayer to transfer the Suit No.549 of 2011 (Shri Suresh Chand alias Lallu Vs. Agra Nagar Nigam & another from the court of Additional J.S.C. to any other court. It is argued that court in which the matter is still pending is vacant, therefore, no order on the interim injunction application is passed.
Heard learned counsel for the parties and perused the record.
Considering the facts and circumstances of the case, the present petition stands finally disposed of with the direction to the District Judge to decide the Transfer Application most expeditiously and preferably within a period of two weeks from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad before him after providing opportunities of hearing to all the parties concerned.
The court where the matter is transferred is further directed to decide the interim application within a period of two weeks from the date of transfer of the aforesaid suit.
Order Date :- 5.2.2021 saqlain