Transfer Application No. 112 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 20.10.2009 [1] Transfer Application No. 112 of 2009 Shavinder Kaur ......Petitioner Versus Narinder Kaur and others ......Respondents Present: Shri L.S. Sidhu, Advocate, for the petitioner. Shri Atul Lakhanpal, Senior Advocate, with Shri Manav, Advocate, for the respondents. [2] Transfer Application No. 191 of 2009 Narinder Kaur ......Petitioner Versus Shavinder Kaur ......Respondent Present: Shri Atul Lakhanpal, Senior Advocate, with Shri Manav, Advocate, for the petitioner. Shri L.S. Sidhu, Advocate, for the respondent. CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. (Oral). This order shall dispose of Transfer Application No. 112 of 2009 filed by Shavinder Kaur, at whose instance an application under Transfer Application No. 112 of 2009 [2] Section 372 of Indian Succession Act, 1925; a petition under Section 166 of the Motor Vehicles Act, 1988 and a suit for declaration that Simarnjit Singh is her adopted son, have been filed and pending at Moga, and Transfer Application No. 191 of 2009 filed by Narinder Kaur, seeking transfer of the suit for declaration filed by Shavinder Kaur, to the Court at Khanna, wherein the suit challenging the adoption of Simarnjit Singh at the instance of Narinder Kaur, is pending consideration. The issue in all the four cases is the adoption of Simranjit Singh by the petitioner-Shavinder Kaur. Since the issue is common in all the four cases, therefore, it would be in the interest of justice, if all these cases i.e., the petition under Section 372 of the Indian Succession Act, 1925; suit for declaration filed by Shavinder Kaur and the suit for declaration filed by Narinder Kaur-respondent are heard and decided together by one Court. The jurisdiction to decide an application under the Motor Vehicles Act, 1988 is that of the learned District Judge or the Additional District Judge. Since the evidence to be led in all the cases, would be common, therefore, it will be expedient, if the said case is also entertained by the Tribunal situated at a place, where the aforesaid three cases are to be tried and decided. Since the parties are either residing at Moga or Khanna, therefore, keeping in view the convenience of the parties, I deem it appropriate to transfer all the four cases to the Court of learned District Judge, Ludhiana. Ordered accordingly. It shall be open to the learned Transfer Application No. 112 of 2009 [3] District Judge, to entrust the claim application under the Motor Vehicles Act, 1988, to any other Court of competent jurisdiction, whereas the other three cases i.e., petition under Section 372 of the Indian Succession Act, 1925; suit for declaration filed by Shavinder Kaur and the suit for declaration filed by Narinder Kaur, shall be entrusted to one Court. Parties, through their counsel, are directed to appear before the learned District Judge, Ludhiana, on 12.11.2009, for further proceedings in accordance with law. Disposed of. [ HEMANT GUPTA ] JUDGE 20-10-2009 ds