DURGA PRASAD Vs. SHIV NARESH

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned senior advocate, assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioner and Sri Sushil Kumar Singh, learned counsel for the opposite parties, as a Caveater. The petitioner has prayed that Regular Civil Appeal No. 10 of 2005, Shiv Naresh and others v. Durga Prasad, pending in the Court of Additional District Judge Court No. 5, Barabanki, may be transferred to some other Court in the judgeship of district Barabanki.

(2.) Learned District Judge has rejected the application for transfer of Regular Civil Appeal No. 10 of 2005, from the Court of Addl. District Judge, Court No. 5. The said application was moved, by the petitioner on 16.11.2010. stating therein that he had heard one Matan Dubey talking to Ram Prakash, the following conversation:

(3.) For understanding of the matter, facts of the case are being narrated in nutshell. The petitioner filed a suit for permanent injunction against one Bachau, now deceased and opposite party Nos. 5 and 6 restraining them from interfering with the peaceful possession over the land in dispute. Opposite parties No. 3 to 5. filed their written statement denying the plaint allegations. The trial court, however, decreed the suit vide judgment and decree dated 31.1.2005. Being aggrieved, opposite parties filed appeal before the District Judge, Barabanki, which was transferred to the Court of Addl. District Judge, Court No. 5, Barabanki, which is pending for decision.