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2022 Supreme(All) 1498

J. J. MUNIR
Shivpal Singh – Appellant
Versus
Dafedar Singh (deceased) – Respondent


Advocates Appeared:
For the Petitioners: Satish Kumar Pandey and Anil Kumar.
For the Respondents: Yogendra Kumar Srivastava.

JUDGMENT :

[J.J. Munir, J.]

1. Heard Mr. Satish Kumar Pandey, learned Counsel for the petitioners and Mr. Yogendra Kumar Srivastava, learned Counsel appearing for the respondents via video conferencing.

2. This is a petition under Article 227 of the Constitution, seeking to set aside the order dated 26.10.2021 passed by the District Judge, Mainpuri in Transfer Application No. 85 of 2021, praying for a transfer of Civil Appeal No. 40 of 2016, Shivpal Singh and others v. Dafedar Singh, pending before the Ist Additional District Judge, Mainpuri to the Court of the District Judge. The appellants in the civil appeal pending before the District Court appear to be defendants of Suit No. 939 of 1996, decided by the Civil Judge (Junior Division), Mainpuri vide judgment and decree dated 20.10.2016. They are the petitioners here, whereas respondent Nos. 1 to 13 are the plaintiff-respondents to the present petition as well as the appeal before the District Court. The petitioners' application for transfer has been dismissed by the learned District Judge of Mainpuri vide order dated 26.10.2021.

3. Before this Court could examine the merits of the order passed by the District Judge dated 26.10.202

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