Upgrad LLM

is this a fit case for recusal?


Sir,

I have a civil case in the High Court as a specially ordered matter regarding my appointment as trustee by a lower court. The petitioner was appointed as a trustee in earlier occasion by the same Judge in the capacity of presiding officer of a lower court by way of proceedings in O.S. No. x of yyyy. Now, the petitioner had filed a case to appoint him instead of me and the case had been posted as a specially ordered matter to this Judge. I hear from persons mutually known to me and the petitioner that the petitioner had spoken to them that he will definitely get through the matter in this court as the Judge is very well known to him.

The Judge does not seems to be inclined (unsure). But, I have mental agony in conducting the case in this particular court. If I make an application for the Judge to recuse this case since the Judge had already appointed the petitioner in the lower court, either the Judge would allow my application or the Judge would conduct the case.

If my application is allowed, then my worries would be gone as my case is meritorious. But if I am disallowed, then the Judge will then pass orders favouring the petitioner.

Need your suggestions.

Thanks in advance.

 
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