Subhan Khan vs Bundu Khan and Another

Govind Mathur, J.—By order dt. 30.07.2009, learned District Judge, Jodhpur, dismissed an application preferred under Sec. 24 CPC seeking transfer of Original Suit No. 66/2000, Subhan Khan vs. Bundu Khan, to the Court of Additional District Judge No. 3, Jodhpur, where an another suit No. 91/2007, Subhan Khan vs. Bundu Khan, is under adjudication. To challenge the order aforesaid, this petition for writ is preferred. It is submitted by counsel for the petitioner that both the suits are between the same parties and, therefore, the interest of justice shall be better served by getting the disputes adjudicated by the same Court.

I do not find any merit in the argument advanced. So far as the Original Suit No. 66/2000, Subhan Khan vs. Bundu Khan, is concerned, that is pending before the Court of Additional Civil Judge (Senior Division) No. 1, Jodhpur and that pertains to eviction of tenant from the rented premises. So far as the Suit No. 91/2007 is concerned, that is pending before the Court of learned Additional District Judge No. 3, Jodhpur and that pertains to determination of title. Both the cases are required to be adjudicated independently being having different issues. The jurisdiction for adjudication of the cause too vests with Courts of different hierarchy. As such, the order impugned does not suffer from any error that may warrant interference of this Court while exercising powers under Art. 227 of the Constitution of India.

The writ petition, therefore, is dismissed.