Anand Sharma vs Akhil Modi

Narendra Kumar Jain, J.—Heard learned Counsel for both the parties.

The Petitioner in person has preferred this application for transfer of his case from the court of Additional District Judge No. 7, Jaipur City, Jaipur to any other competent court outside the territory of Jaipur District preferrably at Dholpur, Jodhpur, Jaisalmer and Jhalawar.

During the course of arguments, the Petitioner submitted that his case may be transferred to any other court in Jaipur City, Jaipur itself.

Learned Counsel for the Respondent opposed the prayer of Petitioner so far as the allegations alleged in the transfer petition are concerned, however, he submitted that he will have no objection, in case the case is transferred to any other court in Jaipur City, Jaipur.

I have considered the submissions of parties, impugned order dated 24th 2010 passed by District Judge, Jaipur City, Jaipur and the contents of transfer petition. The District Judge vide her order dated 24th September, 2010 rejected the transfer application of the Petitioner.

After considering the submission of Petitioner and also the facts and grounds mentioned in the transfer petition, I am satisfied that all allegations alleged in the transfer application are baseless, but in the interest of justice, I think it fit and proper to transfer the case to other court at Jaipur.

Consequently, the transfer petition is allowed. Civil Suit No. 102/2010(52/10) pending in the court of Addl. District Judge No. 7, Jaipur City, Jaipur is transferred to the court of Addl. District Judge No. 1, Jaipur City, Jaipur. Both the parties are directed to appear before Addl. District Judge No. 1, Jaipur City, Jaipur on 21st December, 2010.

Registry is directed to send a copy of this order to the concerned courts for information and compliance.

Since the transfer petition itself has been allowed, therefore, this stay application does not survive and the same also stands disposed off.