ORDER Leave granted. 2. The present appeal has been filed questioning the order dated 02.06.2017 pursuant to which the High Court declined to transfer the Miscellaneous Application No. 40 of 2001 seeking transfer of the contempt proceedings which arises from the Original Suit No. 734 of 1998. 3. It has come on record that the Original Suit No. 734 of 1998 which initially instituted in the Court of Civil Judge (Sr. Division), Muzaffar Nagar was transferred by the High Court to the Competent Court of jurisdiction Civil Court, Baghpat as it reveals from the order dated 21.11.2008 but at the given point of time, as there was a contempt petition filed by the plaintiff under Order 39 Rule 2A CPC pending, it was also requested to be transferred, the learned Judge of the High Court declined to transfer the contempt proceedings by an order dated 02.06.2017 without assigning any reason. 4. Notice was issued on 23.10.2017 and further proceedings in reference to the contempt proceedings were stayed. 5. It reveals from the record that respondent nos. 1 and 3 who are plaintiff in the original suit have been duly served but no one is present on their behalf. 6. We have heard learned counsel for the appellant and we are of the view that once the original suit has been transferred to the competent court of jurisdiction Civil Court, Baghpat under order of the High Court dated 21.11.2008, there appears no justification to continue the contempt proceedings before the Court of Civil Judge (Sr. Division), Muzaffar Nagar when the original substantive proceedings are pending before the Civil Court, Baghpat. 7. Consequently, the order passed by the High Court dated 02.06.2017 is set aside and Miscellaneous Application No. 40 of 2001 seeking transfer of contempt proceedings to be heard by the competent court of jurisdiction Civil Court, Baghpat where the Original Suit is pending, stands allowed as prayed for. 8. The contempt proceedings pending in the Court of Civil Judge (Sr. Division), Muzaffar Nagar be transferred to the Civil Court, Baghpat and be tagged along with Original Suit No. 734 of 1998 pending before the Civil Court, Baghpat. 9. Let the record of the case be transferred to the transferee court without delay and intimation be sent to both the courts through email for compliance. 10. With the above said directions, the appeal stands disposed of. 11.
9. Let the record of the case be transferred to the transferee court without delay and intimation be sent to both the courts through email for compliance. 10. With the above said directions, the appeal stands disposed of. 11. Pending application(s), if any, stands disposed of accordingly.