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Anil Pratap Singh & Another v. Sri Yadvendra Pratap Singh & Others - TRANSFER APPLICATION (CIVIL) No. 393 of 2002 [2007] RD-AH 1045 (17 January 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


(Court No.28)

Civil Misc. Transfer Application No.393 of 2002

Anil Pratap Singh and another  vs.  Sri Yadvendra Pratap Singh and 11 others


Heard Shri H.R.Mishra, learned counsel for the applicant.  Through this application transfer of Misc. case no.137 of 1983 consolidated with original suit no.22 of 1984 has been made.  The prayer is that the cases may be transferred from Mirzapur to any other court like Allahabad, Varanasi, Fatehpur or Banda.  The allegation is that inspite of injunction order property has been sold and one of the purchasers is Smt. Deepa Srivastava wife of Govind Sahai.  It has further been alleged that Govind Sahai is reader in the court of Civil judge.

If the property is purchased inspite of injunction order then sufficient safeguards and remedies are provided to the offended party under C.P.C.  However, merely because wife of a reader has purchased some property it is no ground to transfer the suit from the district concerned to another district.

Accordingly, transfer application is dismissed.  

However, if Govind Sahai is still reader of the court where the cases are pending then the applicants are at liberty to move an application before the District Judge concerned for transfer of the cases to some other court of competent jurisdiction in the same District.  Learned counsel for the applicants has argued that to whatever Judge the case may be transferred he may be influenced by the reader concerned.  The court is fully confident that no Judge will be influenced by an employee of the District court. Judges are required to decide the cases independently  and the court expects that the cases in question will also be decided impartially, without being influenced by the fact that a class III employee is party therein through his wife.




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