IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1336 of 2011 Ajay Narayan Agrawal ---Petitioner Versus 1. Nand Kishore Upadhyay 2. Ramdeo Singh 3. Shambhu Tiwari 4. Kailash Prasad 5. Smt. Sunaina Devi ---Opposite Parties ----------- 3. 26.9.2011 Heard learned counsel for the petitioner. This is an application for transfer of Title Suit No.161 of 1996 pending in the court of the Subordinate Judge V, East Champaran at Motihari. It is submitted that on filing of Miscellaneous Case No.120 of 2010 at the instance of the defendant no.1 of the said suit that the case is an old one and the same should be disposed of at an early date, direction was issued by the learned District Judge, East Champaran to dispose of the case within a period of three months. It is submitted that thereafter the learned Subordinate Judge, V started taking the matter with extra interest. Learned counsel submits that the petitioner, who is the plaintiff, filed an application not to hear the case in haste, although the evidence of both the parties was over and the case is posted for arguments. However, even after filing petition on behalf of the petitioner not to hear the arguments, the Court went on to hear the arguments and the petitioner has got reasonable apprehension that he may not get justice and as such, prayed that the case be transferred to any other Subordinate Judge in the district. - 2 - Having considered the submissions of the petitioner and also the averments made in this application as also its annexures appended thereto, I do not find it to be a fit case for transfer of the aforesaid case, which is pending since 1996 and after completion of recording of evidence posted for arguments. In the above circumstances, I do not find any merit in this application. The same is, accordingly, rejected. However, the court below is directed that in case the aforesaid suit is still pending for arguments, the same be completed without delay in accordance with law. PNM (Shailesh Kumar Sinha, J.)