Transfer Petition [SAMPLE]

IN THE HON’BLE DISTRICT OF LUCKNOW

CIVIL TRANSFER JURISDICTION

TRANSFER PETITION (CIVIL) No.________ OF__/__/2018

 

MEMO OF PARTIES

IN THE MATTER OF:

  1. Shareef aged 68 years, S/o Late Shafiq, R/o 424/69, Sant Ravidas Park, Mehboobganj, Saadatganj, Lucknow.
  2. Alma Parven, W/o Mohd. Shareef R/o 424/69, Sant Ravidas Park, Mehboobganj, Saadatganj, Lucknow
  3. Zuhaib aged 26 years, S/o Sri. Mohd. Shareef R/o 424/69, Sant Ravidas Park, Mehboobganj, Saadatganj, Lucknow
  4. Kaif aged 22 years, S/o Sri. Mohd. Shareef R/o 424/69, Sant Ravidas Park, Mehboobganj, Saadatganj, Lucknow                                  …Petitioners

Versus

  1. Gulrez aged 37 years, S/o Mohd. Shareef R/o 424/69, Sant Ravidas Park, Mehboobganj, Saadatganj, Lucknow
  2. Darakhsha, W/o Sri. Mohd. Gulrez R/o 424/69, Sant Ravidas Park, Mehboobganj, Saadatganj, Lucknow                                        …Respondents

 

PLACE: LUCKNOW                                                                                                                   (Debolina Roy)

DATED: _______

COUNSEL FOR THE PETITIONER

Petition under Section 24 of Civil Procedure Code for transfer of case no.__ to an equal and competent court at ___________

 

– – –​​​​​

The petitioners MOST RESPECTFULLY SHOWETH:

  1. That the present application is being filed by the petitioner who all are residents of 424/69, Sant Ravidas Park, Mehboobganj, Saadatganj, Lucknow.
  2. That the present petition is being filed under Section 24 of the Code of Civil Procedure, 1908, abovementioned, along with an application for ex-parte stay, seeking transfer of Case No._______ of 20____, is pending before the Court of Additional Civil Judge (Senior Division), Lucknow under the Jurisdiction of Hon’ble District Court, Lucknow.
  3. That the matter with Case No._______ of 20____, which a suit for permanent injunction was fist filed in the Court of Civil Judge (Senior Division), Malihabad, Lucknow.
  4. That the matter with Case No._______ of 20____, was transferred to the Court of Additional Civil Judge (Senior Division), Lucknow and was listed in Court no. 21.
  5. That the above mentioned case is still pending in Court no. 21 of the Hon’ble Court of Additional Civil Judge (Senior Division), Lucknow.
  6. That it is pertinent to note that the matter was last listed on 30/09/2017 for disposal but the matter was not heard.
  7. That it is pertinent to mention that the Court of Additional Civil Judge (Senior Division), Court No. 21, Lucknow, is lying vacant from 24/08/2017 due to which the suit could not proceed.
  8. That any further delay in the disposal of the suit will cause the petitioners undue hardship and irreparable loss.
  9. That the petitioner has not earlier filed any such or similar petition either in this Hon’ble Court or in the Hon’ble High Court or Hon’ble Supreme Court.

 

In view of the above, it is, most magnanimously prayed that the instant transfer petition may kindly be accepted and transfer the pending matter to any Court competent to try or dispose of the same as prayed for in the interest of justice.

Any other order or direction which this Hon’ble Court may deem fit in the facts and circumstances of the present case may also kindly be passed in favour of the petitioner and against the respondent.

 

 

Verification

Verified that the contents of the above petition are true and correct to my knowledge. No part of it is false and nothing material has been concealed therein.

 

PLACE: LUCKNOW

DATED: ../../2017                                                                                                                                            DEPONENT

Debolina Roy

Debolina is a final year law student at UPES, Dehradun. She aspires to become a litigator. Being an envrionmentalist she aims at serving and taking steps for preserving the environment. She lives by the motto of 'Nation First' and aims at bringing change for the benefit of our country.

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