Sibghat Ullah Khan - (1.) HEARD learned counsel for the parties.
(2.) THROUGH this transfer application under Section 24, C.P.C., transfer of Civil Appeal No.24 of 1999 pending before District Judge, Jhansi has been sought to some other district by legal representative of defendant respondent No.6 in the appeal. In this transfer application following order was passed by me on 21.02.2012: "It appears that both the parties are quite influential and wealthy and holding the District judiciary to ransom. The court completely fails to understand as to why appeal was earlier transferred in 2007. Order sheet of 2007 has been filed along with supplementary affidavit. At that time appeal was being heard before A.D.J. Court No.4, Jhansi, Sri Raja Ram Saroj. The learned A.D.J. was unable to decide the appeal in spite of his best efforts. Now it appears that pendulum has swung other way. Records of the appeal shall be remited to this Court by District Judge, Jhansi through special messenger. Registrar General is directed to send a copy of this order to District Judge, Jhansi through fax immediately. Put up as fresh on 27.02.2012." The Court strongly deprecates the attitude of both the parties. Each and every allegation made in this transfer application against learned District Judge is utterly baseless. However it is evident from the order sheet from 12.02.2007 till 15.03.2007 annexed along with Annexure-2 to the supplementary affidavit that earlier the appellant (opposite party No.2 in this transfer application) did exactly the same thing which is being done through this transfer application by the respondents. On the earlier occasion through order dated 07.03.2007 the District Judge wrongly transferred the case from the Court of Sri Raja Ram Saroj, A.D.J. Court No.4, Jhansi to the court of another A.D.J. It ought not to have been done.
(3.) IN view of utterly irresponsible attitude of both the parties, it is essential to transfer the case to a district which is farthest from Jhansi even though each and every allegation made against Presiding Officer of the court of District Judge, Jhansi is disbelieved by this Court. It is also essential in the interest of justice to impose heavy cost in the form of damages against both the parties for not only misusing but also abusing the process of court. Civil Appeal No.24 of 1999 pending before District Judge Jhansi is transferred to the court of District Judge, Saharanpur who shall either decide it himself or transfer the appeal to the court of A.D.J. Court No.1.;