JUDGMENT :

(Prakash Padia, J.)

1. Heard Shri Rakesh Kumar, learned Senior Counsel assisted by Shri Tanzeel Ahmad, learned counsel for the plaintiffs-petitioners, Shri A.K. Gaur, learned Senior Counsel assisted by Shri Devendra Kumar Yadav, learned counsel appearing on behalf of contesting-respondents and Shri Ashish Mishra, learned counsel who was requested to appear on behalf of District Judge, Aligarh.

2. The present petition under Article 227 has been filed by the petitioners, challenging the order dated 11.4.2023 passed by the District Judge, Aligarh in Transfer Application No. 116 of 2023 (Akhilesh Pratap Singh Vs. Sanjay Kumar Garg & others).

3. It is stated in the petition that the petitioners have instituted a Civil Suit No. 50 of 1998 for specific performance of contract. The aforesaid suit was dismissed by Additional Civil Judge (Senior Division), Court No. 1, Aligarh by judgment and decree dated 23.9.2022.

4. The petitioners being aggrieved with the aforesaid judgment and decree dated 23.9.2022 have preferred a civil appeal no. 63 of 2022, in the court of District Judge, Aligarh. After admitting the appeal, the same was transferred to the Court of Additional District Jud