Heard.
This petition has been filed by the petitioner against the order dt.14.8.2012 passed by the learned District Juge, Guna in M.C.C No. 18/2012.
The petitioner filed an application for transfer of Civil Appeal No. 46-A/2012 to another court. The petitioner sought transfer of the appeal on the ground that his brother Neeraj Jain submitted an application for temporary injunction in Civil Suit No. 88-A/2008 and that application was rejected on 28.6.2012 The petitioner submitted that during hearing of the aforesaid application, the Presiding Officer has made certain remarks, hence, the petitioner had apprehension that he would not get justice from the court.
The District Judge in the impugned order has considered all the facts and also recorded a finding that the conduct of the Presiding officer is not prejudicial. There may be some apprehension to the petitioner, but it has no basis.
Learned counsel for the petitioner relied on the judgment of Hon'ble Supreme Court in the case of Kulwinder Kaur alias Kulwinder Gurcharan Singh v. Kandi Friends Education Trust reported in (2008) 3 SCC 659 in support of his contentions and submitted that reasonable apprehension in the mind of the litigant is sufficient to transfer the case.
I have gone through the order passed by the District Jude and the facts of the case. In my opinion from the allegation of the petitioner leveled against the Presiding Officer, it could not be inferred that the apprehension of the petitioner is reasonable. Hence, there is no illegality in the order passed by the District Judge.
Consequently, I do not find any merit in this petition. It is hereby dismissed. No order as to costs.