Gurcharan Singh v. Manjit Kaur And Others

TA-131-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 TA-131-2024 Date of Decision: 27.11.2025 GURCHARAN SINGH ....Applicant

Versus

MANJIT KAUR AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. R.V.S. Chugh, Advocate for the applicant.

Respondent No.1 proceeded against ex parte vide order dated 19.11.2025.

Respondents No.2 to 4 proceeded against ex parte vide order dated 23.07.2025.

Application qua respondent No.5, dismissed as withdrawn, vide order dated 17.11.2025.

***** ARCHANA PURI, J. (Oral) The applicant has filed the present application for seeking transfer of the civil suit i.e. CS/789/2018, titled 'Gurcharan Singh Vs. Manjit Kaur and others', pending in the Courts at Fatehgarh Sahib and he seeks transfer of the same to the Court of competent jurisdiction at Patiala. In pursuance of notice issued, the contesting respondents did not make appearance and as such, were proceeded against ex parte. Counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the applicant is about 78 years of age and he is not keeping good health. Moreover, the respondents are also of the advanced age and as Sonu 2025.11.28 16:24 I attest to the accuracy and authenticity of this document

TA-131-2024 such, it will be convenient for them also, to pursue the litigation at Patiala, where the suit property is situated.

Annexure P-1 is the copy of the suit, filed at the instance of the applicant, which is sought to be transferred. On query by this Court, it is submitted by the counsel that the said suit was filed by the applicant, in the year 2018. On further query, counsel has also disclosed that the suit is now at the stage of evidence of the plaintiff. Also, it is submitted that examination-in-chief of the applicant, as witness, has already been recorded. Solely on account of the advanced age, the applicant is seeking transfer of the suit, relating to the immoveable property. The suit was filed in the year 2018 and the transfer application has been filed in the year 2024. Considering the stage of the case, as well as taking into consideration the fact of the applicant, not required to make appearance on each and every date of hearing in the civil proceedings, it shall not be appropriate to disturb the jurisdictional balance. Precisely, on this account, no good reason is made out for acceptance of the application.

Hence, the transfer application is hereby dismissed. (ARCHANA PURI) 27.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.11.28 16:24 I attest to the accuracy and authenticity of this document