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Amita Vs. Uday Singh [2009] INSC 1065 (14 May 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3571 OF 2009 (Arising out of SLP(C) No. 10303 of 2008) Amita .. Appellant(s) Versus Uday Singh .. Respondent(s) ORDER Report has been received from the mediator appointed by the mediation centre at Indore. The same is taken on record. As per the report, no compromise seems to be possible between the parties.

Leave granted.

We have heard learned counsel for the parties at this stage itself.

This appeal is directed against the order passed by the High Court of judicature at Madhya Pradesh, Indore Bench dated 13th February, 2008, whereby the prayer of the appellant for transfer of Case No. 194 of 2005 pending in the Family Court, Indore to the Court of District Judge, Guna has been turned down.

Having heard learned counsel for the parties, we are of the view that the relief claimed by the appellant deserves to be granted particularly bearing in mind the fact that three other cases between the parties are already being tried in different courts at Guna.

Accordingly, the appeal is allowed; order dated 13th February, 2008 is set aside and it is directed that the afore-mentioned case shall stand transferred from the Family Court, Indore to the Court of District Judge, Guna, who may try the case himself or assign the same to a Court of competent jurisdiction. No costs.

...................J. [ D.K. JAIN ]

...................J. [ R.M. LODHA ]

NEW DELHI, MAY 14, 2009.

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