HARINARAYAN PARASHAR @ PAPPU PARASHAR Vs. KRISHNAMOHAN SHARMA

JUDGEMENT

(1.) With the consent of parties matter is finally heard. Petitioners have preferred this petition under Article 227 of the Constitution of India seeking the relief that the impugned order dated 25 -06 -2013 passed by learned District Judge, Vidisha whereby the application filed by the petitioners under Section 24 of CPC has been rejected, be quashed and the application filed by the petitioners under Section 24 of CPC for transfer of case be allowed.

(2.) Having regard to the arguments advanced by the parties, the averments made in the application filed under Section 24 of CPC Annexure P/6 dated 27 -05 -2013 has been perused.

(3.) On perusal of impugned order, it is clear that the order passed by learned District Judge is well merited. Merely on the ground that local counsels are not ready to plead the case of petitioners, the suit cannot be transferred. Apart that no written denial of any counsel of Lateri or Sironj has been filed by the petitioners indicating that nobody is ready to plead their case. Keeping in view the aforesaid facts and circumstances of the case and also looking to the principles laid down by the Apex Court in Jitendra Singh Vs. Bhanu Kumari and others, 2009 1 SCC 130, and so also that against the final order passed on the application filed under Section 24 of CPC, writ petition is not maintainable, this Court does not find any merit in the present case, hence it is dismissed.