TA No.278 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.278 of 2011 Date of decision : 01.06.2011 Santosh Kumari ...Applicant Versus Sunil Kumar and others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Abha Sood, Advocate, for the applicant. Mr. G.S. Sandhu, Advocate, for respondent Nos.1 and 3. Mr. Ashish Verma, Advocate, for respondent No.5. Respondent Nos.2 and 4 – ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The applicant, who is a victim of her own children, has approached this Court by way of filing the present application under Section 24 of the Code of Civil Procedure, praying for the transfer of the civil suit titled as ‘Santosh Kumari Vs. Sunil Kumar and others’ (Annexure A-1), filed by her, from the Court of learned Civil Judge (Jr. Divn.), Faridkot, to the Court of competent jurisdiction at Bathinda. 2. It is averred that respondent No.2 was inducted into TA No.278 of 2011 2 Government Service on compassionate basis after the death of his father, the husband of the applicant herein. It is further averred that respondent No.1, Sunil Kumar, in lieu of the NOC for employment in favour of his brother, got two shops constructed by the applicant, transferred in his own name. 3. It is further alleged that the applicant entered into an agreement for the purchase of two plots, i.e., Plot No.3 with one Jagdish Kumar and Plot No.4 with one Satish Kumar, and paid the consideration. However, the sons, after having colluded with each other, got the sale deeds executed in favour of respondent No.1. The widow is presently residing with her some relation at Bathinda. 4. Despite service, none has caused appearance on behalf of respondent Nos.2 and 4. Accordingly, they are proceeded against ex parte. 5. I have heard the learned counsel for the parties and perused the record. 6. The applicant is a widow and has shifted to the house of her relations after being driven out of her own house constructed by her for her own use and enjoyment. It is also made out from the averments made in the application that the applicant is suffering from Cancer. 7. Keeping in view the facts on record, particularly the age and health of the applicant, the instant transfer application is allowed and the Civil Suit No.48 of 2010, titled as ‘Santosh Kumari Vs. Sunil Kumar & others’ (Annexure A-1), is withdrawn from the Court of learned Civil Judge (Jr. Divn.), Faridkot, and is transferred to the TA No.278 of 2011 3 Court of competent jurisdiction at Bathinda. The entire record pertaining to the civil suit shall be sent by the trial Court at Faridkot to the learned District Judge, Bathinda, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction at Bathinda. 8. The parties shall appear before the learned District Judge, Bathinda, on 18.07.2011. 01.06.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No