Kali Charan & Ors vs Sudha Rani & Ors

KALI CHARAN AND ORS. Appellant(s)

:VERSUS:

SUDHA RANI AND ORS. Respondent(s)

O R D E R

1. Leave granted.

2. The appellants are aggrieved by the order

dated 30.1.2009 passed by the learned Single Judge

of the High Court of Punjab and Haryana at

Chandigarh in C.M. No.10110-CII/2007 (O & M).

3. Learned counsel appearing on behalf of the

appellants submits that about 10 suits pertaining to

the estate of Janaki Devi are pending before the

Civil Court at District Panchkula. By the aforesaid

order passed by the learned Single Judge of the High

Court, Civil Suit No.30 of 2006 (re-numbered as

52901CO140 882006) and Civil Suit No.978 of 2006

(re-numbered as 52901CO136 812006) which also

pertain to the estate of Janaki Devi, have been

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transferred from Panchkula to Yamuna Nagar. His

apprehension is that there may be conflicting

decrees if they are tried by different Courts.

Therefore, it is in the interest of justice that one

Court should decide all these cases.

4. As mentioned above, ten suits are already

pending before the Civil Court at District

Panchkula. Learned counsel appearing on behalf of

the appellants further submits that the injunction

suits which are pending before the Civil Court at

Yamuna Nagar, appellants are not parties to those

suits.

5. In the facts and circumstances of the case and

in the interest of justice, we deem it appropriate

to re-transfer the aforementioned suits to the Civil

Court at District Panchkula. Accordingly, the

impugned order is set aside. We also direct that the

injunction suits, i.e. Civil Suit Nos.217, 486, 526,

288 and 85 of 2006, which are pending before the

Civil Court at Jagadhri, District Yamuna Nagar

(details of which have been given at Page D & E of

the List of Dates to this petition) be transferred

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to the Civil Court at District Panchkula.

6. We request the learned District Judge,

Panchkula, either to decide these cases himself or

assign them to one judicial officer who may decide

all these cases expeditiously.

7. With these observations, this appeal is

disposed of leaving the parties to bear their own

costs.

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi;

January 10, 2011.