SHRI JAIN SWETAMWAR SANGH DHAMOTAR Vs. GAJENDRA SINGH

JUDGEMENT

(1.) The instant transfer application under Sec. 24 of the Code of Civil Procedure, has been filed by the petitioners against the order dtd. 2/2/2024, passed by the learned District Judge, Pratapgarh in Civil Misc. Case No.07/2024, whereby the learned Judge allowed the application of the respondent seeking transfer of Civil Suit No.34/2023, pending before the Court of Civil Judge, Pratapgarh and transferred the said case to the Court of Senior Civil Judge, Chhoti Sadari.

(2.) The facts in brief are that respondent-plaintiff instituted a suit for permanent injunction in mandatory form against the petitioners-defendants with the averment that the petitionersdefendants encroached upon his land. Along with the suit, an application under Order 39 Rule 1 & 2 CPC was also filed seeking grant of injunction during the pendency of the suit. The petitioners-defendants filed a detailed reply to the injunction application. The learned Trial Court vide order dtd. 31/5/2023 dismissed the injunction application holding that the petitionersdefendants are in possession of the property in dispute. Being aggrieved by the order dtd. 31/5/2023, the respondent filed an appeal before lower appellate court, which was allowed in part directing the petitioners not to raise any new construction over the property in dispute. Subsequently, the respondent-plaintiff filed an application under Order 39 Rule 2A R/w Sec. 151 CPC with the averments that despite stay order dtd. 13/6/2023, the petitioners-defendants were raising constructions over the property in dispute. The petitioners-defendants filed a detailed reply to the said application.

(3.) When the matter was pending at the evidence stage, the respondent-plaintiff filed an application under Sec. 24 CPC seeking transfer of the civil suit No.34/2023, pending before the Court of Civil Judge, Pratapgarh to any other jurisdictional court, on the ground that the matter pertains to encroachments made by Jain community and the said community has a great influence in Pratapgarh City and by using its influence, they can interfere in the judicial proceedings also. The petitioners-defendants denied the allegations raised in the transfer petition and prayed for its dismissal.