Heard Sri Mohd. Arif Khan, learned senior advocate, assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioner and Sri Sushil Kumar Singh, learned counsel for the opposite parties, as a Caveater.

2. The petitioner has prayed that Regular Civil Appeal No. 10 of 2005, Shiv Naresh and others v. Durga Prasad, pending in the Court of Additional District Judge. Court No. 5, Barabanki, may be transferred to some other Court in the judgeship of district Barabanki.

3. Learned District Judge has rejected the application for transfer of Regular Civil Appeal No. 10 of 2005. from the Court of Addl. District Judge, Court No. 5. The said application was moved, by the petitioner on 16.11.2010, stating therein that he had heard one Matan Dubey talking to Ram Prakash, the following conversation :

"Suresh Kumar Pandey Chaprasi ne mujhe bheja hai aur kaha hai ki maen aap se yeh batla doon ki Judge Sahab tumhare mukadman appeal mein tumhare muvafik faisala kar dene par rajee ho gaye hain chunache turn fauran agrim peshi 16.11.2010 se pahle poora intjaam kar ke aa jao aur Suresh Kumar Pandey ke dwara Judge sahab se mulakat kar lo. Agar 16.11.2010 se pahle turn intezaam na kar