High CourtsSingle Bench(2017) 02 MEG CK 0008

Shri Bresswell Paliar and Another vs Shri Briston Paliar

Meghalaya High Court · Decided on 13 February 2017

HON’BLE JUDGES
Dinesh Maheshwari
RESULT
Disposed
CASE NUMBER
4 of 2016

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Judgment

10 paragraphs · 208 words
1.

Learned counsel for the petitioners submits that this transfer petition was filed in the circumstances that the Presiding Officer of the District

Council Court supposed to hear the matter had recused for himself having dealt with the matter as lawyer in the past; and the Principal Judge,

District Council Court was also unable to take up the matter for himself having dealt with the matter as Subordinate Judge. The learned counsel,

however, submits that according to his information, since after filing of this transfer petition, there has been a proposition for promotion of one of

the Subordinate Judge in the District Council Court and such promotee Judge may not be having difficulty in hearing the matter.

2.

Taking note of the submissions so made, this Court finds no reason to continue with this transfer petition any further and it appears appropriate

to terminate the proceedings herein at this stage. However, in the totality of circumstances, it appears appropriate to put the petitioner at liberty to

seek revival of this transfer petition in future, in case of any difficulty in hearing of the matter in the District Council Court by filing an appropriate

application with affidavit.

3.

This petition stands disposed of with the observations and liberty foregoing.