MOMIN ALI ALIAS MULKIF Vs. PRANAB BENERJEE

JUDGEMENT

(1.) This is an application made under Section 24 read with Section 151 of the Code of Civil Procedure (in short, 'the Code') seeking withdrawal of the Title Execution Case No. 53/2004 from the Court of learned Civil Judge (Junior Division) No. 1, Guwahati, and transfer thereof to any other Court of competent jurisdiction.

(2.) I have heard Mr. J. Das, learned counsel, appearing on behalf of the judgment debtor-applicant herein, and Mr. D. Baruah, learned counsel, for the decree holder-opposite party herein.

(3.) A preliminary objection has been raised, on behalf of the decree holder-opposite party, that as the applicant had already made a transfer application under Section 24 read with Section 151 of the Code seeking withdrawal and transfer of the said Title Execution proceeding from the Court of the learned Civil Judge (Junior Division) No. 1, Guwahati, to any other Court of competent jurisdiction and this transfer application, which had given rise to Transfer Misc. Application No. 165/2005, has, upon hearing the learned counsel for the parties, already been dismissed by the learned District Judge, Kamrup, Guwahati, by order, dated 8.7.2005, another application for transfer of the said execution proceeding under Section 24 read with Section 151 of the Code is misconceived and not maintainable in law, for, the order, dated 8.7.2005, aforementioned has not been impugned, points out Mr. Baruah, in any revision or writ petition. In such a situation, the order, dated 8.7.2005, aforementioned, submits Mr. Baruah, remains in force and until the order, dated 8.7.2005, aforementioned is set aside and/or quashed, another application for transfer, such as the present one, cannot be made either in the Court of the learned District Judge, Guwahati, or in this Court. This apart, contends Mr. Baruah, the present transfer application has no merit and may, therefore, be dismissed in limine.