Shyam Bhola and Another v. Smt. Razia Beguma and 3 Others

Court No. - 5 Case :- CIVIL REVISION No. - 127 of 2023 Revisionist :- Shyam Bhola And Another Opposite Party :- Smt. Razia Beguma And 3 Others Counsel for Revisionist :- Ram Awtar Counsel for Opposite Party :- Pawankumar Dubey Hon'ble Piyush Agrawal,J.

¶1Heard learned counsel for the revisionist and Shri Saurabh Kumar Pandey holding brief of Pawan Kumar Dubey, learned counsel for the opposite parties.

¶2By means of present revision, the revisionist has challenged the order dated

17.7.2023 passed by District Judge, Shahjanhapur in Misc. Civil Case No.76 of 2023 (Shyam Bhola and others Vs. Mohd. Khan and others), by which prayer to transfer S.C.C. Revision No. 20 of 2022, pending before the Additional District Judge-IIIrd, was rejected.

¶3Learned counsel for the revisionists submits the learned court below has not applied its judicial mind while passing the order impugned. Being aggrieved thereby, a transfer application dated 23.5.2023 was filed, but the same has illegally been rejected. He further submits that the husband of opposite party no.1 was in contact with the concerned Additional District Judge before whom the case is pending, and also levelled certain allegations against him, but while passing the order, it has specifically been mentioned that the husband of opposite party no.1 has already died and, therefore, the allegation made against the revisionists is forged.

¶4Rebutting to the said fact, learned counsel for the opposite parties submits the husband of the opposite party no.1 has already expired and, therefore, allegation made against the opposite party is baseless.

¶5In view of the submissions made above and on perusal of the record, no case is made out.

¶6Accordingly, the revision petition is dismissed at the preliminary stage. Order Date :- 3.11.2023 Pravesh Mishra High Court of Judicature at Allahabad