SUKESH RANJAN SRIVASTAVA Vs. PUSHPA LATA

JUDGEMENT

(1.) Heard Sri S M Singh Royekwar, Advocate assisted by Sri Saksham Agarwal, learned counsel appearing for the applicant and Sri Akshat Kumar, learned counsel appearing for the opposite party Nos. 7 to 9 namely Radhey Shyam Khanna, Kanishk Khanna and Manas Raj, respectively, in TRANSFER APPLICATION (CIVIL) No. 50 of 2023 (in short "T.A.C. No. 50 of 2023") and opposite party Nos. 2 to 4 namely Manas Raj, Kanishk Khanna and Radhey Shyam Khanna, respectively, in TRANSFER APPLICATION (CIVIL) No. 54 of 2023 (in short "T.A.C. No. 54 of 2023") as also Sri Ram Prasad Dwivedi, Advocate, who put in appearance on behalf of opposite party Nos. 2 to 6 namely Smt. Shashi Kala, Dr. Onkar Singh, Devesh Ranjan Srivastava, Amit Kumar Srivastava and Avneesh Kumar Srivastava, respectively, in T.A.C. No. 50 of 2023 and opposite party No. 1 namely Devesh Ranjan Srivastava in T.A.C. No. 54 of 2023. Notice to the opposite party No. 1 namely Smt. Pushpa Lata in T.A.C. No. 50 of 2023 is hereby dispensed with, as Sri Sanjay Kumar Srivastava, Advocate and Sri Askhat Kumar, Advocate are representing the contesting opposite parties.

(2.) T.A.C. No. 50 of 2023 has been filed by the applicant/Sukesh Ranjan Srivastava under Sec. 24 of Code of Civil Procedure, 1908 (in short "CPC") regarding transfer of Regular Suit No. 1291 of 2021 (Sukesh Ranjan Srivastava vs. Smt. Pushpa Lata and others), which is pending in the Court of Civil Judge (Junior Division)/FTC, Bahraich, to any competent Court of nearby district preferably to District Balrampur.

(3.) It would be apt to clarify here that Regular Suit No. 1291 of 2021 was instituted by the applicant for cancellation of judgment and decree dtd. 28/4/2011 passed by Civil Judge (Senior Division), Bahraich in Suit No. 494 of 2006 (Smt. Kanak Lata vs. Satya Prakash and others).