IN THE  SUPREME COURT OF INDIA                 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)                                                           O R D E R

 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.  

..2/-

 : 2 :

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.