Court No. - 9

Case :- TRANSFER APPLICATION (CIVIL) No. - 794 of 2022

Applicant :- Hashim Ali @ Siddiqui@Noor And 4 Others

Opposite Party :- Waqf Bibi Rafiunisha Through Its Up Sunni Central Board

And Another

Counsel for Applicant :- Ranjeet Asthana,Rahul Singh

Counsel for Opposite Party :- Mohd. Asif

Hon'ble Prakash Padia,J.

Heard learned counsel for the applicants and Mr. Mohd. Asif, learned counsel

for the respondents.

The applicants have preferred the present Transfer Application under Section 24

of the Code of Civil Procedure, 1908 with the following prayer:-

"(i) issue a writ or direction in the nature of Certiorari to quash the impugned

order dated 03.102022 passed by the learned District Judge, Civil Court Aligarh,

which contained. as Annexure No.9 to this application :

(ii) issue a writ or direction in the nature of Mandamus commanding to Learned

Apper District and Session Judge Court no 14 Civil Court Aligarh not to proceed

further in revision no 30 of 2011 Hashim Ali Siddaqui and others Vs. Waqf Bibi

Rafiunisha (Reg. No.1, 2, 3 Ex-II) through its U.P. Sunni Central Board, Lucknow

and another , during pendency of the application

(iii) issue a writ or direction in the nature of Mandamus commanding to Learned

District and Session Judge Civil Court Aligarh to transfer the in revision no 30 of

2011Hashim Ali Siddaqui and others Vs. Waaf Bibi Rafiunisha (Reg. No.1, 2, 3

Ex-II) through its U.P. Sunni Central Board, Lucknow and another from court of

Learned Apper District and Session Judge Court no 14 Civil Court Aligarh to any

other court which this Hon,ble court may deem fit proper in the cercumstances of

the case during pendency of this application."

It reveals from perusal of the record that the earlier Transfer Application was

filed by the applicants before the District Judge Aligarh being Transfer

Application No.291 of 2022 (Hashim Ali @ Siddiqui @Noor Vs. Waqf Bibi

Rafiunisha and others) with the prayer to transfer the matter from the Court

where proceedings are going on to some other Court. After due consideration,

the aforesaid Transfer Application was rejected by the District Judge, Aligarh

vide order dated 03.10.2022, copy of which is appended as Annexure No.9 to

the transfer application. Aggrieved against the aforesaid order, the applicants

filed present transfer application before this Court.

Today when the matter is taken up, Mr. Mohd. Asif, learned counsel for the

respondents placed before the Court a judgement and order dated November 10,

2022 passed in Transfer Application (Civil) No.121 of 2021 along with other

connected matters reported in 2022 (11) ADJ 178. A reference was made by the

learned Single Judge of this Court vide order dated December 10, 2021 before

the larger bench referring the following questions:-

"(i) Whether the order passed by District judge under Section 24 CPC is revisable

under Section 115 CPC as applicable in the State of U.P.?

(ii) | Whether another application under Section 24 CPC by the same applicant

based on the same cause would be maintainable before the High Court, without

challenging an order of the District Judge which has also been passed under

Section 24 CPC under Section 115 CPC or Article 227 of the Constitution of

India, as the case may be?

(iii) Whether pronouncements of this Court in the case of Sunit Devi and Indian

Oil Corporation (supra) lay down the law correctly on the subject matter in issue

or it is the decision by a Co-ordinate Benches in the case of Jagdish Kumar and

Amit Pachauri (supra) which understand and lay down the law correctly on the

issues aforesaid?”

The aforesaid questions have been answered in paragraph 43 of the judgement

which is reproduced below:-

"43. In view of what we have held above, our answers to the questions referred

are these:

(ij) The question is answered in the affirmative and it is held that an order passed

by the District Judge under Section 24 CPC is revisable under Section 115 CPC

as applicable in the State o