ANIL KUMAR SHARMA Vs. SANATAN DHARMA PREM SABHA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed for issue of order or direction setting aside the impugned order dated 28 -11 -2005 passed by the learned District Judge -respondent no.2 (Annexure 5 ) whereby the respondent no.2 has dismissed the application for transfer under Section 24 C.P.C. moved by the petitioner in Original Suit No. 134 of 2005, Sana tan Dharm Sabha Vs. Anil Kumar from the court of respondent no.3 for trial.

(2.) THE relevant facts of the case are that the respondent nO.1 filed a suit before the respondent no.3 for a decree of permanent: -injunction which was registered as O.S. No. 134 of 2005 on 26.5.2005. Along with the plaint, the plaintiff -respondent no.1 filed an application for temporary injunction under Order 39, Rules 1 and 2 C.P.C. and the respondent no.3 issued notices to the defendant -O.Ps. fixing 31.5.2005. Notices could not be Served, hence notices were again issued fixing 9.8.2005 in the case. The defendant petitioners appeared and prayed for supply of copy of plaint and application. On the other hand, the plaintiff also informed the court that a Bhandara is being organized on the spot, on which the trial court directed that during the period 11.8.2005 to 15.8.2005, both the parties shall maintain peace by mutual consent and 23.8.2005 was fixed for hearing of objection and disposal of temporary injunction application. Aggrieved by the said order, the petitioners went up before the District Judge, Haridwar for transfer of the original suit to some other court on 19 -10 -2005. This application of the petitioners under Section 24 of the C.P.C. was rejected by respondent no. 2.

(3.) I have heard learned counsel for the parties and perused the entire material on record including the order passed by the District Judge Haridwar.