MAHESH PRASAD SEN Vs. DHANNULAL NAMDEV

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India being aggrieved by the order annexure P-1, dtd. 8/8/2023 passed by the Principal District Judge, Anuppur. By the said order, the Principal District Judge rejected application of petitioner filed under Sec. 24 (5) of the Code of Civil Procedure for transferring the pending Civil Suit No. 20-A/2021 from the Court of a particular Civil Judge, Senior Division, Anuppur to some other Court. The petitioner has submitted that the petitioner is the plaintiff in the said suit.

(2.) The learned counsel for the petitioner has submitted that earlier also there was a litigation between the same parties and for executing the final judgment passed therein, execution proceedings are pending at case No. Ex. 1/2020 before the same Court. Therein the same presiding officer passed certain orders prejudicial to the interests of the present petitioner and on 24/4/2023, possession warrant was ordered to be issued against the petitioner. The counsel for the petitioner submits that this order passed in execution was legally incorrect, hence, the petitioner challenged the said order in MP No. 2723/2023 wherein this Court vide order dtd. 12/6/2023 (Annexure P-13), stayed operation of the order dtd. 24/4/2023. The learned counsel further contends that this order was communicated to the learned judge on 15/6/2023, but the possession was already taken over on 12/6/2023 by the other party with police help. This fact is indicated by the order-sheets dtd. 15/6/2023 and 16/6/2023 (Annexure P-14). The learned counsel further contends that the learned civil judge is hurriedly proceeding ahead with the suit. In nut-shell, the sole cause for apprehension in the mind of the petitioner is that the same civil judge having earlier passed an order adverse to interest of the petitioner in some other case (execution proceedings of judgement and decree passed in a separate suit), the petitioner has lost his faith in the said civil judge.

(3.) It is submitted by the learned counsel that the application under Sec. 24 (5) was submitted on these very allegations.