Allahabad High Court
Raj Kumar And Ors [ U/A 227 ] vs Civil Judge (Junior Division ) Ambedkar ... on 2 April, 2010
Author: Ritu Raj Awasthi
Bench: Ritu Raj Awasthi
Court No.4 Writ Petition No. 1822 (M/S) of 2010 Rajkumar and another Petitioners Vs The Civil Judge (J.D.) Ambedkar Nagar and others Opp. parties Hon'ble Ritu Raj Awasthi,J Notice on behalf of opposite party Nos.1 to 3 has been accepted by learned Standing Counsel. For the order proposed to be passed notices for opposite party Nos. 4 to 7 are dispensed with.
Heard Sri R.S. Pande, learned counsel for the petitioner as well as Sri Shailendra Verma, learned Standing Counsel and perused the record of the case.
With the consent of learned counsel for the parties, the writ petition is being disposed of finally at the admission stage.
Learned counsel for the petitioners has submitted that father of the petitioners had filed Regular Suit No. 303 of 1997 for permanent injunction before the court of Civil Judge (Junior Division), Ambedkar Nagar. On 08.07.2008, the suit was dismissed for non appearance of the plaintiff. The application for recall of the order was filed on 10.07.2008 and since then the said application is still pending and has not been decided till date. It is submitted by the learned counsel for the petitioners that at present the court of Civil Judge (Junior Division) is lying vacant as the Presiding Officer has proceeded for training for three months and he will return back in the end of May, 2010. It is further submitted that the opposite parties taking advantage of the suit being dismissed are raising construction and trying to dispossess the petitioners from the land in question.
Learned counsel for the petitioners has drawn the attention of this Court towards the Annexure-4 i.e. transfer application which was said to have been filed by the petitioners in person before the learned District Judge, Ambedkar Nagar. However, the same was returned to the petitioners and no order was passed. Learned counsel for the petitioners submitted that at present there is boycott by the lawyers and judicial function in the District Court, Ambedkar Nagar is adversely affected. The District Judge had returned the said application saying that when the boycott is withdrawn and lawyers resume their work only then the application would be entertained.
It is submitted by the learned counsel for the petitioners that in case, the matter is heard, the petitioners themselves would appear in person and argue the case due to urgency. It is also submitted by the learned counsel for the petitioners that the court of Additional Civil Judge (Junior Division) Ist and IInd are available in District Ambedkar Nagar.
Looking into the facts and circumstances of the case, the writ petition is disposed of finally with a direction to the District Judge, Ambedkar Nagar to consider the request of the petitioners for transfer of Regular Suit No. 303 of 1997 to some other competent court, so that application for recall of the order dated 08.07.2009 which is said to be pending may be considered and disposed of at an early date.
02.04.2010 Renu/-