IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 814 (MS) OF 2006 Smt. Jameela, W/o Jaheer Hasan, R/o Vill-Sisona, Pargana-Bhagwanpur, Tehsil-Roorkee, District-Haridwar. …..Petitioner. Versus 1. District Judge, Haridwar, 2. Additional District Judge, Roorkee District-Haridwar. 3. Jitenda Pal Singh, S/o Dharamveer Singh, 4. Virendra Pal Singh, S/o Dharamveer Singh, 5. Surendra Pal Singh, S/o Dharamveer Singh, 6. Rajendra Pal Singh, S/o Dharamveer Singh, 7. Yogendra Pal Singh, S/o Dharamveer Singh, 8. Ravindra Pal Singh, S/o Dharamveer Singh, Respondent No.3 to 8 through attorney holder Jitendar Pal Singh, S/o Dharamveer Singh, R/o 31, Nehru Road, Dehradun. 9. Aazad (minor), S/o late Pradeep Kumar, 10. Rai Sultan (minor), S/o late Pradeep Kumar, 11. Multan Kumar (minor), S/o late Pradeed Kumar, Respondent No. 9 to 11 representaed by natural guardian Mother Smt. Bano W/o late Pradeep Kumar, Respondent No. 9 to 11, R/O Vill-Sisona, Pargana – Bhagwanpur, Tehsil – Roorkee, District-Haridwar. …………..Respondents. Hon’ble Rajesh Tandon, J. Heard Sri Parikshit Saini, Advocate for the petitioner and Standing Counsel for the respondents no. 1 and 2. Both the parties have agreed that let the writ petition be finally disposed of at the admission stage. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 5th September, 2005 passed by the respondent no. 2 by which the order has been passed on the application under Order 39 Rule 1 of the Code of Civil Procedure. Briefly stated, a suit was filed by the respondents no. 3 to 8 being Suit No. 108 of 2002 before the Civil Judge, Roorkee. A written statement was filed by the petitioner, where he has denied the possession of the respondents over the disputed land. Along with the suit, an application under Order 39 Rule 1 was filed. The injunction was granted on 29.07.2005. Aggrieved by the said order, the petitioner has preferred a miscellaneous appeal being Misc. Appeal No. 13 of 2005. The grievance of the petitioner is that since the court of Addl. Civil Judge Roorkee is vacant, the petitioner, therefore, has moved a transfer application. The application has been dismissed by the District Judge on 5th September, 2005 and as such present writ petition has been filed. Looking to the grievance of the petitioner, the District Judge, is directed to hear the miscellaneous appeal No. 13 of 2005 himself or to send it before any other officer having the jurisdiction of hearing the same and dispose it of within a period of two months from the date of production of the certified copy of this order. Subject to the aforesaid, writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 29.06.2006 Rathour