IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application No. 20 of 2009 Kishori Lal Baloni & another … Petitioners Vs Smt. Suneeta Sharma … Respondents Hon’ble B.C. Kandpal, J. By way of this petition under Section 24 Cr.P.C., the petitioners, who are the defendants in O.S. No. 56 of 2009, Smt. Suneeta Sharma Vs Kishori Lal pending in the court of Civil Judge (J.D.), Rishikesh, District Dehradun have prayed for transferring the case from the court of Civil Judge (J.D.), Rishikesh to any other District. 2. The notices were issued to the respondent – Suneeta Sharma and inspite of personal service, neither the respondent nor any counsel is appearing before the Court to argue the case. Therefore, heard Sri U.P.S. Negi, learned counsel for the petitioners and perused the record. 3. Learned counsel for the petitioner has submitted before the Court that the respondent is practicing lawyer in Civil Court, Rishikesh. Hence, none of the lawyer at Rishikesh is ready to plead the case of the petitioner against the respondent – Smt. Suneeta Sharma. It has further been submitted that the Civil Judge (J.D.), Rishikesh fixed several dates for objection of the petitioner but the lawyer at Rishikesh are not wiling to contest their case, hence, the petitioner could not file the objection before the Court concerned. Therefore, the petitioners are not in a position to conduct their case without any legal assistance and under the aforesaid circumstance there is a genuine apprehension in the mind of the petitioner that they would not get the justice at 2 Rishikesh. Therefore, it would be in the interest of justice that the case be transferred from the court of Rishikesh to any other court. 4. After having considered the arguments advanced by learned counsel for the petitioner, I am of the view that there is genuine apprehension in the mind of the petitioner that in view of the fact and circumstance of the case, the petitioner may not be getting the justice from the court at Rishikesh. I am therefore, of the view that in case, the matter is transferred from the court of Civil Court (J.D.), Rishikesh at Dehradun then the same will serve the ends of justice. 5. Accordingly, I direct that the O.S. No. 56 of 2009 Smt. Suneeta Sharma Vs Kishori Lal & others pending in the court of Civil Judge (J.D.), Rishikesh be transferred to Civil Judge (J.D.), Dehradun. 6. With the aforesaid observation, the application is disposed of finally. (B.C. Kandpal, J.) 10.11.2009 ASWAL