Sudesh v. Omwati & ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-68-2016 (O & M) Date of decision: 26.08.2016 Sudesh ....Applicant(s) V/s Smt. Omwati and anr.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. O.P. Gupta, Advocate, for the applicant.

Mr. Ravinder Rana, Advocate, for respondent No.1. **** Rajan Gupta, J. (Oral) This is a petition under Section 24 read with Section 151 of the Code of Civil Procedure seeking transfer of civil suit pending at Jhajjar to Kaithal.

It is urged before the court that petitioner is daughter-in-law of the respondents. Her husband died in March, 2008. By way of civil suit, she has challenged the Will stated to have been executed in favour of his mother and is also praying for declaration and joint possession in the suit land. According to the learned consel, petitioner has grave danger to her life, in case, she goes to Jhajjar as property dispute is there between the parties.

Prayer has been opposed by the learned counsel for the respondent. According to him, there is no substance in the plea raised by the petitioner before this court.

However, keeping in view the facts and circumstances of the case, particularly, that petitioner, who is a woman has to travel all the way Sukhpreet Kaur 2016.08.27 12:47 I attest to the accuracy and integrity of this document

TA-68-2016 (O & M) ::2::

from Jhajjar to defend the proceedings at Kaithal, it is directed that the same may be transferred to a court of co-ordinate jurisdiction at Kurukshetra. Allowed in these terms.

(RAJAN GUPTA) August 26, 2016 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2016.08.27 12:47 I attest to the accuracy and integrity of this document