- (1.) By means of the present petition filed under Section 24 C.P.C., the petitioner/application has sought for transfer of Misc. Case No.183/08 filed under Order 20 Rule 18 C.P.C. for preparation of final partition decree arising out the preliminary partition judgment and decree dated 14.02.2006 passed in Original Suit No.199/2000 along with Misc. Case No.30 of 2009 & 177/2011 pending before the Court of Civil Judge (Senior Division), Sultanpur.
(2.) Shri Aditya Tiwari, learned counsel for the applicants/petitioners has pressed the relief as sought by the applicants/petitioners on the following points :- "The applications moved by the co-sharers under Order 20 Rule 18 C.P.C. for preparation of final partition decree on different dates including the application of the petitioners have been consolidated for its disposal on merits and during the pendency of the said applications, the petitioners requested that sharers of all co-sharers may be determined on the basis of their possession which are being held by them for about 50 years ago on spot. The O. P. No.1 & O. P. No.3 who are practicing lawyer in Civil Court, Sultanpur started to make compel to the executing court to make partition of the dwelling house contrary to the possession of the co-sharers which are being possessed by them for about 50 years ago and in this connection the said both opposite parties started to make undue pressure on the Presiding Officer of the court concern and taking influence of being practicing lawyers in the said court, the said both opposite parties used to collect more than 100 Advocates on each & every date in the court room for compelling to the court to make partition of the properties in accordance to their wish contrary to the possession of the co-sharers. The Presiding Officer has come into influence of the practicing Advocates including O.P. Nos.1 & 2 and he is compelling to the petitioners to give their consent for make final partition decree in according to the manner as it has been sought by O.P. Nos.1 & 2. The O. P. No.1 is regular practicing lawyer in the Civil Court, Sultanpur which is evident from the Vakalatnama which has been filed by him in the Court of Civil Judge, Sultanpur and similarly the O.P. No.2 is also a regular practicing lawyer in the Civil Court, Sultanpur in ciriminal side which is evident from the Vakalatnama which has been filed by him in the Court of A.C.J.M., Room No.22 in a criminal case."
(3.) I have heard learned counsel for parties and gone through the records.;