Atul Kumar Bhatnagar v. Garun Kumar Sharma and 2 Others

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 874 of 2023 Applicant :- Atul Kumar Bhatnagar Opposite Party :- Garun Kumar Sharma And 2 Others Counsel for Applicant :- Jitendra Singh,Surya Prakash Dubey Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicant.

¶2The present application has been filed by the applicant seeking transfer of Original Suit No.582 of 2023 (Atul Kumar Bhatnagar Vs. Garun Sharma and others) pending in the court of Civil Judge (Senior Division), District Bareilly to the competent Court having jurisdiction at District Rampur.

¶3It is submitted by the learned counsel for the applicant that a suit has been instituted by the plaintiff/applicant against the defendants/ respondents for injunction restraining them from interfering with the possession of the plaintiff/applicant.

¶4The sole ground on which the transfer sought is that the subordinate court is fixing short dates, and therefore, the plaintiff/applicant has no confidence on the subordinate court where the case is pending to get any justice because of the manner in which the subordinate court is proceeding with the matter.

¶5Be that as it may, the ground on which the transfer is sought is misconceived inasmuch as no material has been placed on record to demonstrate that the plaintiff/applicant would not get justice from the subordinate court in which the case is pending.In such view of the fact, no case for interference is made out.

¶6The present transfer application lacks merit. It is, accordingly, dismissed with no order as to costs. Order Date :- 2.11.2023 NS High Court of Judicature at Allahabad