Sunita Agarwal, J. - (1.) Heard Sri Sudeep Harkauli, learned counsel for the petitioners and Ms. Archana Singh, learned counsel appearing on behalf of the respondents.
(2.) The dispute being raised in the present petition is with regard to the jurisdiction of the Court of Additional District and Sessions Judge/Fast Track Court no.1, Agra in proceeding with Misc. Case No.860 of 2016 (Gaurav Jain Vs. Ashok Kumar & others) filed by the respondents on 17.08.2016 seeking leave of the Court to institute a suit under Section 92 of the Code of Civil Procedure. The main prayer in the present petition is to quash the proceeding of the aforesaid Misc. case and to remand the matter to the Court of the District Judge, Agra. Second prayer is to set aside the order dated 22.12.2016 passed by the District Judge, Agra transferring Misc. Case to the Court of Additional District Judge/Fast Track Court no.1, Agra.
(3.) The petitioners herein had filed an objection on 14.02.2017 to the application seeking leave of the Court namely Misc. Case no.860 of 2016. It is contended that the Additional District Judge/Fast Track Court No.1 Agra has no jurisdiction to grant leave and decide the Misc. case no.860 of 2016 for grant leave to institute the suit under section 92 of the Code of Civil Procedure. The District Judge, Agra had, therefore, erred in transferring the said case for disposal before the Additional District Judge/Fast Track Court, Court No.1 Agra.;