T.A. No. 207 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 207 of 2010 (O&M) Date of Decision: 27.7.2010. Kuldip Singh ....Applicant Versus Harpal Singh ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Deepak Arora, Advocate for the applicant. None for the respondent. RAJESH BINDAL J Prayer in the present application is for transfer of Civil Suit No. 56 of 2010 dated 18.2.2010 filed by the applicant from the Court of Ms. Manjinder Kaur, Civil Judge (Junior Division), Jalandhar to the Court of Shri Manoj Kumar, Civil Judge (Junior Division), Jalandhar. Service of respondent is complete. However, at the time of hearing, no one had appeared. Briefly the facts are that the respondent earlier filed a suit for declaration and permanent injunction which is pending in the Court of Sh. Manoj Kumar, Civil Judge (Junior Division), Jalandhar. Subsequently, the applicant filed a suit for possession of disputed property. At the time of filing of that suit it was prayed that the suit for possession filed by the applicant be entrusted to the Court of Shri Manoj Kumar, Civil Judge (Junior Division), Jalandhar where the earlier instituted suit bearing No. 58 of 2003 was pending, but the same was entrusted to the Court of Smt. Manjinder Kaur, Civil Judge (Junior Division), Jalandhar. Learned counsel for the applicant submitted that the property in both the cases is same and the subject matter is also same. He further submitted that findings in one case will affect the merits in the other case and that both the suits should be tried and decided together by one and the same Court in order to avoid conflicting judgments. An application for transfer of newly T.A. No. 207 of 2010 2 instituted suit was filed by the applicant before District Judge, Jalandhar, where the respondent raised objection and the same was declined. No one had appeared for the respondent. It is not in dispute that the earlier suit was filed way back in the year 2003 which is at the completion stage whereas the subsequent suit was filed by the present applicant very recently which is at the initial stage. Clubbing of two cases at this stage would certainly delay the disposal of suit filed way back in the year 2003. For the reasons mentioned above, I do not find it to be a fit case for clubbing of the suits as prayed for. The application is accordingly dismissed. (RAJESH BINDAL) 27.7.2010. JUDGE Reema