TA No.397 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.397 of 2011 Date of decision : 11.08.2011 Subhash Chand ...Applicant Versus Balinder Kumar and another ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Jigyasa Tanwar, Advocate, for the applicant. Mr. Gopal Sharma, Advocate, for respondent No.1. Mr. Tejinder Pal Singh, Advocate, for respondent No.2. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred under Section 24 of the Code of Civil Procedure, praying for the transfer of (i) Civil Suit No.89 dated 20.7.2010, tilted as ‘Subhash Chand Vs. Balinder Kumar and another’ pending before the Court of learned Civil Judge (Sr. Divn.) Rewari, (Annexure P-3) and (ii) Application under Order 39 Rule 2(A) CPC, pending before the Court of learned Additional Civil Judge (Sr. Divn.) Rewari (Annexure P-4); to any other Court of competent jurisdiction outside the District Rewari. 2. The parties to the dispute are the real brothers and the TA No.397 of 2011 2 dispute is regarding the properties inherited by them after the death of their father. 3. The transfer of the civil suits, Annexures P-3 and P-4, has been sought primarily on the ground that the applicant apprehends threat to this life and liberty at the hands of the respondents at Rewari. A perusal of the file would reveal that on the complaint made by the application, FIR No.263 dated 19.11.2010, stands registered under Sections 323, 506, 406, 34 IPC, at Police Station Bawal, Distt. Rewari. Two complaints, Annexures P-6 and P-7, were lodged by the applicant against the respondents before the Police Authorities. 4. Taking into consideration, the peculiar facts and circumstances of the case, and keeping in view the hostilities between the parties and disagreement amongst the parties on a common Court/Station for trial, this Court feels that ends of justice would be met if the present application is disposed of by withdrawing the cases, viz., (i) Civil Suit No.89 dated 20.7.2010, tilted as ‘Subhash Chand Vs. Balinder Kumar and another’ pending before the Court of learned Civil Judge (Sr. Divn.) Rewari, (Annexure P-3) and (ii) Application under Order 39 Rule 2(A) CPC, pending before the Court of learned Additional Civil Judge (Sr. Divn.) Rewari (Annexure P-4); from the trial Courts at Rewari, and transferring them to a place, where the grouse raised by the parties against one another is not available to them. Accordingly, the aforementioned cases are transferred to the Court of competent jurisdiction at Panchkula. 5. The entire record pertaining to the civil suits, TA No.397 of 2011 3 Annexures P-3 and P-4) shall be sent by the trial Courts at Rewari, to the learned District Judge, Panchkula, within three weeks, who will entrust it to any other Court of competent jurisdiction at Panchukla. 6. The parties shall appear before the learned District Judge, Panchkula, on 12.09.2011. 11.08.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No