IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 6 OF FEBRUARY, 2024 CIVIL REVISION No. 51 of 2024 BETWEEN:-

RAM MILAN GARG S/O CHHOTE LAL GARG, AGED ABOUT 76 YEARS, OCCUPATION: NOTE - THROUGH POWER OF ATTORNEY MAHAVEER PANDEY VILLAGE GAHIRA POST SHAHPUR TEHSIL MAJHGAWAN DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONER (BY SHRI AWDHESH KUMAR MISHRA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH THE COLLECTOR SATNA DISTRICT SATNA (MADHYA PRADESH)

.....RESPONDENT ( BY MS.SMITA KEHRI - PANEL LAWYER)

This revision coming on for admission this day, the court passed the following:

ORDER

Heard on IA No.2054 of 2024, application for condonation of delay.

For the reasons mentioned in the application, the same is allowed and deley in filing is hereby condoned.

IA No.2054/2024 is disposed of accordingly.

With the consent of learned counsel for the parties, matter is heard finally at motion stage.

This civil revision under Section 115 of CPC has been filed by the petitioner against the orders dated 10.10.2023 passed by Principal District Signature Not Verified Signed by: SARSWATI Judge, Satna, District-Santa in MJC No.419/2023 whereby petitioner's application under Section 24 of CPC has been rejected.

2. Learned counsel for the petitioner submits that petitioner is resident of Tehsil Majhagwan and as per Hon'ble High Court's order Link Court has been established in Majhagwan itself. Therefore, present case be also transferred to Majhagwan Civil Court.

3. Learned counsel for the State has no objection.

4. I have heard learned counsel for the parties and perused the record of the case.

5. Perusal of impugned order reveals that link Court for 10 days has already been established in Majhagwan Tahsil. Petitioner is resident of Majhagwan Tahsil. As per submissions of learned counsel for the petitioner, suit property is situated in Majhagwan Tahsil and present civil suit is related to Majhagwan Tahsil.

6. In view of above, in this Court's considered opinion, petitioner's application for transfer of case should not have been rejected just on the basis that Link Court has been established only for 10 days.

7. In view of above, petition filed by the petitioner is allowed and impugned order passed by Principal District Judge is set aside and Civil Suit No.20A/2023 (Rammilan Garg Vs.State of M.P.) is hereby transferred to Majhagwan Link Court, District Satna.

7. Accordingly, petition is hereby disposed of.

(ACHAL KUMAR PALIWAL)

JUDGE sm Signature Not Verified Signed by: SARSWATI Signature Not Verified