PURUSHOTTAM LAL Vs. PIYUSH KUMAR

JUDGEMENT

(1.) INSTANT writ petition has been filed under Article 226 and 227 of the Constitution of India for quashing order dated 23.2.2010 passed by the District Judge, Banswara in Civil Misc. Case No. 3/2008 whereby learned trial Judge allowed application filed under Section 24 CODE OF CIVIL PROCEDURE, 1908 by the respondents and passed order for transferring Civil Original Suit No. 4/2007 and 7/2007 pending in the Court of Civil Judge (Senior Division), Banswara, to the Court of Addl. District Judge, Banswara.

(2.) AS per facts of the case plaintiff-petitioners filed Suit No.4/2007 and 7/2007 in the Court of Civil Judge (Sr. Division), Banswara on 13.2.2007 for permanent injunction and restraining the defendants from interfering in their possession. AS per the petitioners, the said case is fixed for recording plaintiffs' evidence.

(3.) LEARNED counsel for the petitioners also submitted that due to passing the impugned order under Section 24, CODE OF CIVIL PROCEDURE, 1908 the right to appeal has been curtained by the District Judge, so also, the Civil Judge (Sr. Div.) is having jurisdiction to adjudicate the prayer of the petitioners made in the suit but vide the impugned order learned District Judge has illegally transferred those suits to the Court of Addl. District Judge (Fast Track), Banswara, which is illegal.