RAM SINGH Vs. RAJU SINGH

JUDGEMENT

(1.) The present transfer application under Sec. 24 of the Code of Civil Procedure (hereinafter referred to as the CPC for short) has been preferred by the petitioner against the order dtd. 12/5/2023 passed by the learned District Judge, Churu whereby the application filed by the petitioner under Sec. 24 of the CPC for transferring the Civil Original Suit No.26/2022 (Raju Singh Vs. Ram Singh & Ors.) as well as Civil Misc. Case No.15/2012 filed under Order 39 Rule 1 and 2 CPC and Civil Misc. Case No.27/2022 filed under Order 39 Rule 2A of the CPC pending before the learned Senior Civil Judge, Ratangarh to any other competent court of District Churu, has been rejected.

(2.) Learned counsel for the petitioner submits that the respondents have filed a civil suit seeking decree of declaration and permanent injunction alongwith application for temporary injunction before the court of learned Senior Civil Judge, Ratangarh on 30/7/2022 and the petitioner, thereafter, submitted reply to the application for temporary injunction, written statement and the counter claim. It is submitted that in the said suit proceedings, the Mauka Commissioner was appointed, who visited the spot on 9/8/2022 and submitted his report alongwith map and photographs. Aggrieved by the said report, the petitioner submitted an application under Order 26 Rule 10(2) read with Sec. 151 of the CPC stating inter alia that the report of the Mauka Commissioner is incomplete and it was prayed that the Mauka Commissioner may be called in Court for recording his statement and for cross-examination, but the said application was rejected by the learned trial Court vide order dtd. 1/10/2022.

(3.) Learned counsel further submits that on 15/10/2022, the respondents-plaintiffs Raju Singh and Mohar Singh filed an application under Sec. 151 of the CPC and on the same day, the petitioner filed an application under Order 11, Rule 1 and 2 of the CPC, but the petitioner's application was rejected with cost of Rs.2,000.00. On 9/11/2022, the petitioner filed another application under Order 18 Rule 18 of the CPC, which too, was dismissed vide order dtd. 16/11/2022 with cost of Rs.3,000.00.