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 Judge, Court No. 1, Aligarh.

5. The petitioners also approached this Court by filing a petition under Article 227 No. 2161 of 2023 (Sanjay Kumar Garg & another Vs. Atar Singh & others) for a direction to the Court concern for early disposal of civil appeal. The said petition was finally decided by an order dated 14.3.2023, directing the Court concern to decide the appeal strictly in accordance with law, without granting any unnecessarily adjournment.

6. When appeal was at final argument stage, then Devendra Pal Singh & Suraj Pal Singh who are defendant-respondent in appeal, moved transfer application no. 83 of 2023 before the District Judge, Aligarh, stating therein that on 2.3.2023, the pairokar of the appellant informed the respondent that in lower Court, the suit was dismissed, but in the appeal, the respondent cannot succeed, as the Presiding Officer is relative of the appellant and both are same caste. With the said averment, it was stated in the transfer application that the defendants/respondents have no faith in the Court concern, as such, the matter be transferred to some other Court.

7. The plaintiffs/petitioners have filed their reply to the said transfer application, stating therein that the argument in the said appeal was concluded on 23.2.2023. The transfer application has been filed with an intention to delay the proceedings and false allegations have been made in the transfer application. The District Judge, Aligarh, after considering the comments submitted by the Presiding Officer, i.e, Additional District Judge, Court No. 1, Aligarh, dismissed the transfer application by an order dated 28.3.2023 with the findings that the transfer application has been moved only just to delay the disposal of the appeal.

8. It is further stated in the petition that thereafter application Nos. 15Ga & 17Ga for adjournment of the appeal were filed on the ground that a new counsel has been appointed, but the said adjournment application was rejected by the Additional District Judge, Court No. 1, Aligarh by a detailed order, mentioning therein that the hearing of the appeal has been concluded and the date was fixed for filing case-law. The Court below, after rejecting the aforesaid application, fixed 11.4.2023 for delivery of the judgment.

9. Thereafter when the matter was fixed for delivery of the judgment, an application under Order 22 Rule 10 read with 151 & 153 of Code of Civil Procedure was filed by one Akhilesh Pratap Singh for impleadment in the appeal as respondent, on the ground that he has purchased the said property by registered sale deed dated 27.9.2022. The aforesaid application was rejected by the Additional District Judge, Court No. 1, Aligarh, by an order dated 6.4.2023.

10. Thereafter an application under section 24 of Code of Civil Procedu