SHAKEELA Vs. MEHBOOB ALI SIDDIQUI

JUDGEMENT

(1.) HEARD Miss Shristi Gupta, learned counsel for the applicant. Sri S.M.Upadhyay has appeared for the opposite party. The applicant has applied under Section 24 C.P.C. for the transfer of Civil Appeal No.108 of 2002 (Shakeela Vs. Mehbood Ali Siddiqui) from the court of Additional District Judge Court No.22, Allahabad to some other competent court within the same judgeship. The aforesaid appeal arises out of judgment, order and decree dated 23.5.2002 passed in Original Suit No329 of 1986 which is said to be for cancellation of a sale deed. The applicant had previously filed an application before the District Judge for transfer of the proceedings which was rejected by the District Judge vide order dated 22.8.2012.

(2.) IN the above circumstances, the applicant by the aforesaid transfer application is not only seeking transfer of the proceedings from one court to another but has also prayed for setting aside the order of the District Judge 22.8.2012. The order of the District Judge passed in exercise of power under Section 24 C.P.C. is not an appealable order nor the same can be set aside in proceedings under Section 24 C.P.C. before the High Court. On a transfer application the High Court is only concerned with the withdrawal of proceedings from one court and to place it before another court by way of transfer.

(3.) IN view of the above, no separate order is required to be passed on the amendment application No.Nil of 2012 filed by the applicant in Court today. Office to allot number to the above application.