BABA BHUPENDRA GIRI Vs. MADHU SHARMA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. By means of this application, the petitioner has prayed to transfer the Municipal Appeal No.7 of 2009, Madhu Giri Vs. Nagar Palika Parishad and another pending before the Chief Judicial Magistrate, Dehradun to any other District or to any other competent Court.

(2.) The background of the facts of the case are that the present Chief Judicial Magistrate, the then 3rd Additional Civil Judge (Senior Division), Dehradun passed an order on 12 2010 on the temporary injunction application in Suit No.33 of 2008, Baba Bhupendra Giri Vs. Sandhya Bakshi and others. According to the petitioner committed prima facie error while decide the temporary injunction application on the ground that the name of the respondent No.1 is recorded in the Municipal Board, Rishikesh.

(3.) Vide order dated 02 2010, the Municipal Board, Rishikesh deleted the name of the respondent no.1 is under challenged in the Municipal Appeal No.7 of 2010. The present Chief Judicial Magistrate, when he was sitting in the jurisdiction, the Civil Judge (Senior Division) heard the temporary injunction application filed in the aforesaid suit while exercising its jurisdiction in civil side. On the basis of the documents available at the relevant point of time, prima 2 facie he does not find favour to grant interim relief to the plaintiff and the temporary injunction application was dismissed.