Kulwant Kaur v. Rajbir Singh And ANR.

T.A.No. 324 of 2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Transfer Application No. 324 of 2023 Date of decision:-15.03.2023 Kulwant Kaur ..........Petitioner vs Rajbir Singh and another ...........Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. S.S. Sodhi, Advocate for the petitioner.

Mr. Kamal Singh, Advocate for Mr. Mandeep Singh, Advocate For the respondents.

NIDHI GUPTA, J.(Oral) 1.

Prayer in this petition filed by petitioner-mother is for transfer of the suit for declaration filed by her, titled "Kulwant Kaur vs. Rajbir Singh and another" pending in the Court of the Civil Judge (Jr. Divn.), Samrala, District Ludhiana to a Court of competent jurisdiction at Fatehgarh Sahib.

2.

At the very outset, learned counsel appearing for the respondents states that he has no objection in case the present petition is allowed and the Civil Suit for declaration, filed by the petitioner is transferred from the Court of the Civil Judge (Jr. Divn.), Samrala, District Ludhiana to a Court of competent jurisdiction at Fatehgarh Sahib.

VIJAY ASIJA 2023.03.21 18:21 I attest to the accuracy and integrity of this document

T.A.No. 324 of 2023 (O&M) 3.

In view of this position, the present petition is allowed and the Civil Suit, which is the subject matter for transfer in this petition, is ordered to be transferred from the Court of the Civil Judge (Jr. Divn.), Samrala, District Ludhiana to a Court of competent jurisdiction at Fatehgarh Sahib.

4.

The ld. District Judge, Ludhiana is directed to transfer complete record pertaining to the aforesaid case to District Judge, Fatehgarh Sahib. The parties are directed to appear before the District & Sessions Judge, Fatehgarh Sahib on 20.4.2023. The District Judge, Fatehgarh Sahib will assign the said case to the Court of competent jurisdiction. The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one calendar month. It is directed that a copy of this order be sent to the District Judges concerned through e-mail. Petitioner through their counsel, present in the Court, are directed to ensure their appearance accordingly.

Disposed of.

Pending application(s), if any, stands disposed of. March 15, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned YES/NO Whether Reportable YES/NO VIJAY ASIJA 2023.03.21 18:21 I attest to the accuracy and integrity of this document