High Court of Punjab and HaryanaTA/1266/2022dismissed

Raman Kumar v. Sushma Rani And ANR.

2022-11-24Ms. Justice Nidhi Gupta2 pages

T.A.No. 1266 of 2022 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Transfer Application No. 1266 of 2022 Date of decision: 24.11.2022 Raman Kumar ..........Petitioner vs Sushma Rani and another ...........Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Atul Jain, Advocate for the petitioner.

NIDHI GUPTA, J.(Oral) The present petition under Section 24 of Civil Procedure Code has been filed seeking transfer of Civil Suit No.535 of 2017, titled as 'Raman Kumar vs. Sushma Rani and another', pending in the Court of Civil Judge (Jr. Divn.), Rajpura, District Patiala to any other Court of competent jurisdiction at Rajpura, District Patiala. The only ground raised by learned counsel for the petitioner, on the basis of which the petitioner is seeking transfer of the aforesaid civil suit is that the earlier civil suit filed for specific performance of contract for sale dated 06.1.2014, titled as 'Raman Kumar vs. Nirmal Kaur', bearing Civil Suit No.07 dated 24.1.2017, was decided against the petitioner by the Civil Judge (Jr. Divn.), Rajpura, District Patiala vide judgment and decree dated 26.7.2022. Learned counsel submits that as the earlier civil suit filed by the petitioner was decided against him by the said Court, there is RAJINDER PARSHAD JOSHI 2022.12.01 16:19 I attest to the accuracy and integrity of this document

T.A.No. 1266 of 2022 (O&M) apprehension in his mind that the pending civil suit will also be dismissed by that Court.

This Court finds such submission most reprehensible. There is no reason for the petitioner to hold such an apprehension as admittedly the earlier matter i.e. Civil Suit No.07 dated 24.1.2017 (aforementioned) was decided on merits.

Accordingly, I find no merit in the present petition and the same is hereby dismissed.

Pending application(s), if any, stands disposed of. November 24, 2022 ( NIDHI GUPTA ) Vijay Asija/Joshi JUDGE Whether speaking/reasoned YES/NO Whether Reportable YES/NO RAJINDER PARSHAD JOSHI 2022.12.01 16:19 I attest to the accuracy and integrity of this document