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No Petition Can Be Transferred From One Court To Another On The Sole Ground Of Delay In Disposal

 In MOTILAL vs. THE DISTRICT COLLECTOR, the petitioner approached the Supreme Court seeking the transfer of their writ appeal filed in Telangana High Court to the High Court of Delhi under Section 25 of the CPC. The issue involved in the writ appeal pertains to land acquisition proceedings, initiated by the erstwhile state of Andhra Pradesh(now the State of Telangana). The petitioners claimed that he has lost everything and that despite his best efforts, he is unable to have the case taken up by the High Court of Hyderabad for final disposal. 

Section 25 of the Code of Civil Procedure empowers the Supreme Court if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other State.

The Apex court held that the reason for petitioners seeking transfer, cannot be accepted. Every court has its own limitations. Therefore, no petition can be transferred from one court to another on the sole ground of delay in disposal.

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