Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 274 of 2018 Applicant :- Swatantra Pal Singh And 6 Others Opposite Party :- Ramkala And 6 Others Counsel for Applicant :- Anil Kumar Tiwari
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant.
This transfer application seeks transfer of a suit for permanent injunction filed by the applicant himself in the year 1986.
The contention of the counsel for the applicant is that the Presiding Officer sought to hear the suit on a date when the Lawyers were on strike. After great persuasion an adjournment was granted. In a subsequent order, the Court has observed that the conduct of the applicant-plaintiff is contemptuous.
On the same allegations, the transfer application was filed before the District Judge which has been wrongly dismissed after calling for the comments of the Presiding Officer.
In the above factual background it has been submitted that the applicant does not expect to justice from the court concerned and, therefore, the transfer application is liable to be allowed.
In this connection, it would be relevant to note that the suit, sought to be transferred by means of this transfer application, has been filed in the year 1986. In case, the proceedings are sought to be decided expeditiously, the same by itself cannot be a ground for transfer of a case especially in the circumstances where repeated directions are being issued by the Apex Court that every case filed should be decided within five years and these directions have been duly communicated to the subordinate judiciary by the High Court.
Besides this Court does not find any other material or circumstances which would justify the perception of the applicant he shall not get the justice from the court where the suit is pending.
Therefore, I do not consider it appropriate to entertain this transfer application which is dismissed.
Order Date :- 28.5.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA KUMAR ANJANI DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04988 5bf64ad5bbb33050e3dfe3e210927d94f4 13, SERIALNUMBER=004ee64f25f9f36f85d MISHRA bdc71f5b0ec1e2f0938431e25dbbadc938 23915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-05-28 14:58:43 Foxit Reader Version: 9.1.0