JUDGMENT Hon’ble S.U. Khan, J.—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 21.2.2012: “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 alongwith 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 inspite 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 27.2.2012.” 3. 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. 4. However it is evident from the order sheet from 12.2.2007 till 15.3.2007 annexed alongwith 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 7.3.2007 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. 5. 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. 6.
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. 6. 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. 7. As the entire file has been summoned to the High Court, hence office is directed to send the records to the Court of District Judge, Saharanpur by special messenger immediately. Both the parties are directed to appear before the District Judge Saharanpur on 4.4.2012. The appeal shall be decided very expeditiously. The hearing must positively be concluded before start of the summer vacation. Absolutely no unnecessary adjournment shall be granted to any of the parties. If any adjournment in any form is granted, it shall be on very heavy cost which shall not be less than Rs. 1000/- per adjournment and absolutely no undue latitude shall be granted to any of the parties. The Presiding Officer must be strict and vigilant keeping in view the earlier attitude of both the parties. Both the parties are directed to pay damages of Rs. 25,000/- each which shall be deposited before Civil Court, Bar Association, Jhansi within two weeks from today. The amount shall be ustilised only and only for purchasing the books for the Bar Association Library, Jhansi. If within two weeks cost is not deposited, Collector Jhansi shall realise the same as arrears of land revenue from each party within two weeks from expiry of period of two weeks from today and pay the same to Civil Court, Bar Association Jhansi. In case cost is not paid to District Bar Association, Jhansi, it shall intimate this Court through District Judge immediately. 8. Copy of this order shall be sent to the District Judge Jhansi immediately for being kept in record. District Judge, Jhansi shall provide a copy of the order to President/ Secretary, Civil Court, Bar Association, Jhansi. 9. Transfer application is disposed of. 10. Office is directed to supply a copy of this order free of cost to Sri S.P. Mishra, learned standing counsel also for immediately sending the same to the Collector as well as President/Secretary, Civil Court, Bar Association, Jhansi. ——————