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2020 Supreme(All) 510

SIDDHARTHA VARMA
Jaikaran Singh – Appellant
Versus
Balakram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Virendra Kumar Jaiswal.

JUDGMENT :

SIDDHARTHA VARMA, J.

1. This application under Article 227 of the Constitution of India has been filed against the order dated 4.10.2019 by which the District Judge Ghaziabad had refused to interfere in the Transfer Application filed by the petitioner. A further prayer in the application is that the Civil Appeal No. 8 of 2019, Balakram and Others vs. Jaikaran Singh and Others, be Transferred from the Court of 4th Additional District Judge, Ghaziabad, to any other Court of the judgeship of Ghaziabad.

2. Even before notices could be issued to the respondents, the learned Additional Chief Standing Counsel Sri. Neeraj Upadhyay opposed the filing of the instant application under Article 227 of the Constitution of India and, therefore, before entering into the merits of the case, the Counsel were heard with regard to the maintainability of the application under Article 227 of the Constitution of India.

3. Learned counsel for the petitioner relied upon Sunita Devi vs. Ram Kripal and Another, (2015) 2 AWC 1543 and submitted that an application when was rejected by the District Court under Section 24 of the C.P.C. a further application under Section 24 of the C.P.C. was not maintaina

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