SHIVPAL SINGH Vs. DAFEDAR SINGH

JUDGEMENT

(1.) Heard Mr. Satish Kumar Pandey, learned Counsel for the petitioners and Mr. Yogendra Kumar Srivastava, learned Counsel appearing for the respondents via video conferencing.

(2.) This is a petition under Art. 227 of the Constitution, seeking to set aside the order dtd. 26/10/2021 passed by the District Judge, Mainpuri in Transfer Application No. 85 of 2021, praying for a transfer of Civil Appeal No. 40 of 2016, Shivpal Singh and others v. Dafedar Singh, pending before the Ist Additional District Judge, Mainpuri to the Court of the District Judge. The appellants in the civil appeal pending before the District Court appear to be defendants of Suit No. 939 of 1996, decided by the Civil Judge (Junior Division), Mainpuri vide judgment and decree dtd. 20/10/2016. They are the petitioners here, whereas respondent nos. 1 to 13 are the plaintiff-respondents to the present petition as well as the appeal before the District Court. The petitioners' application for transfer has been dismissed by the learned District Judge of Mainpuri vide order dtd. 26/10/2021.

(3.) Before this Court could examine the merits of the order passed by the District Judge dtd. 26/10/2021, refusing the petitioners' plea for transfer of the appeal, Mr. Yogendra Kumar Srivastava, learned Counsel appearing for respondents took an objection that in view of the decision of this Court in Jaikaran Singh and others v. Balakram and others, 2020 SCC OnLine All 632 this petition is not maintainable. Instead, a transfer application would lie to this Court under Sec. 24 of the Code of Civil Procedure, 1908[ for short "the Code"] after rejection of the petitioners' transfer application by the District Judge under the aforesaid provision.