TA No.33 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.33 of 2011 (O&M) Date of decision : 07.04.2011 Raj Paul Kansal ...Applicant Versus Mohd. Yaseen ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. S.D. Sharma, Sr. Advocate, with Ms. Bindu Goel, Advocate, for the applicant. Mr. Vinod Arya, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) CM No.9623-CII of 2011 Allowed as prayed for. Main case 1. The prayer in the instant application under Section 24 of the Code of Civil Procedure, is for the transfer of the Civil Suit No.1 of 2007, titled as ‘Raj Paul Kansal Vs. Mohd. Yaseen’, from the Court of learned Additional Civil Judge (Sr. Divn.), Dera Bassi, to any other Court of competent jurisdiction. 2. Brief facts of the case are that an agreement to sell dated 03.01.2006 was executed between the plaintiff herein ‘the applicant’ TA No.33 of 2011 2 and the defendant herein ‘the respondent’ for purchasing the House No.115, situated in Saini Vihar, Phase-I, Baltana. As per agreement to sell, the date of execution of the sale-deed was 25.03.2006, however, on that day, the sale deed was not executed in favour of the plaintiff/applicant through he was ready and willing to perform his part of the contract. Accordingly, the plaintiff filed a suit for decree for possession by way of specific performance of the agreement dated 03.01.2006. 3. The defendant/respondent took the stand in the written statement that as the plaintiff/applicant did not turn up on the date of execution of the sale-deed, consequently, he sold the suit land to one Smt. Vandana Devi, resident of Panchkula, vide registered sale-deed dated 23.06.2006. 4. The learned counsel for the respondent states that the respondent has further sold the property in dispute to one Ms. Vandana Devi, who is a resident of Panchkula. The applicant is also residing at Himshikha, Distt. Panchkula. 5. In view of the aforesaid factual position, I feel that it will be in the interest of justice, if the present application is allowed. Accordingly, Civil Suit No.1 of 2007, titled as ‘Raj Paul Kansal Vs. Mohd. Yaseen’, is withdrawn from the Court of learned Additional Civil Judge (Sr. Divn.), Dera Bassi, and is transferred to the Court of competent jurisdiction at Panchkula. The entire record pertaining to the civil suit shall be sent by the trial Court at Dera Bassi to the learned District Judge, Panchkula, within three weeks, who will either himself TA No.33 of 2011 3 dispose it of or entrust it to any other Court of competent jurisdiction. 6. The parties shall appear before the Court of learned District Judge, Panchkula, on 02.05.2011. 07.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No