IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2682 of 2007 SARDAR HARBHAJAN SINGH & ANR Versus SMT.LILA RAI & ANR ----------- 4 22.9.2008 This application has been filed for transfer of Title Appeal No. 54 of 2006 pending before the Additional District Judge, F.T.C II, Patna to be heard along with First Appeal No. 97 of 2006 which is pending before the Patna High Court. Title Appeal No. 54 of 2006 arises out of an eviction suit and it is submitted that the lands in the eviction suit as well as the parties are the same as those in First Appeal No. 97 of 2006. First Appeal No. 97 of 2006 has been filed in a case for specific performance of contract and the counsel for the petitioners submits that the matter should be heard together by the High court after transfer of the title appeal. Learned counsel for the petitioners also referred to an order passed by this court in M.J.C. No. 1025 of 1993 whereby this court had permitted transfer of Title Appeal No. 61/1993 pending before the District Judge, Saran to be heard along with F.A. No. 495 of 1993. Title Appeal No. 61 of 1993 also arose out of an eviction suit. From a bare perusal of the order aforesaid this court finds that the order was passed with consent, therefore, while allowing the prayer of the petitioner in that case the court observed that the order is being passed with the consent of the parties and in fact ordinarily this court would not have allowed such an application as the 2 procedure for disposal of the two cases are different. I agree with the view expressed in the aforesaid case and as such this application for transfer is dismissed. haque (Sheema Ali Khan, J.)