SINLE G aENGH ' - 4/ IN THE HONBLE IHGH COURT OF CHHATTISGARH AT BILASPUR T.P. (C) No. /2008 : Smt. Reeta Tiwari, aed about 4O years, Wd/o Jagdish Prasad Tiwan', R/o Village Nadyara, Distt Janjgir—Champa (C.G.) . Smt. Meena Kumari, aged about 40 ears, W/ o Jagdis Prasad Twan‘, Q/ (Claiming to be‘ Widow of Jagdh Prasad Twan') R/o Vilfage Pathari— Kapa, Tahsil Lor Distt. Bilaspur e (CG) Smt. Mto Bai, aged about 65 year Wd/o Dukhi Ra /o Tida Nea ah Manl Blpur ( G) ~ bhc I General x Chhatlsgarh State E1ec1c1y Board c i} Through Executlve Engine 0&M ) VDivision Champa, Distt. Janjgir- Champa ( ‘ 5. Chhatisgarh Rajya Bhawhyaldhi ‘ e Aayuta, Reglonal Ofiice—Indrra / Gandhi C leiai Complex, Block— D, Sector32, Pandri, Raipur (C.G.) (5‘ / ( // TI y J Mia) PETITIONER g . VERSUS RESPONDENTS g y h is mi, anm s m R r K dr las C Pu n /4 t trt er ( C G) t sN k o e - PETION UNDER SECTION 24 OF CIVIL PROCEDURE CODE HIGH COURT OF CHHATTISGARH AT ILASPUR S.B: Hon’ble Shri Prashant Kumar Mishra Transfer Petition (C) No. 4/2008 PETITIONER : Smt. Reeta Tiwari Versus RESPONDENTS : Smt. Meena Kumari and others Appearance Shn Ravmdra Agrawal counsel for the petlttoner Shn Anup Kumar Shanna, counsel for respondent No.1. Shri B.P. Gupta, counsel for respondent No.4. Shri Pradeep Saksena, counsel for respondent No.5. None for other respondents. PETITION UNDER SECTION 24 OF CIVIL PROCEDURE CODE ORAL ORDER (06.09201 0) This application under section 24 of the CPC is for transfer of Succession Case No.26/2006' pending in the court of 3m Civil Judge Class-I, Bilaspur to the court of Civil Judge Class-I, Janjgir, District Janjgir-Champa. (2) Petitioner, Reeta Tiwari and respondent No.1, Meena Kumari are claiming to be the legally married wife of deceased Jagdish Prasad Tiwari who died in a road accident on 25/05/2005 at Village r/' Nariyara District Janjgir-Champa The deceased was working as Helper m the serv1ces of Chhatttsgarh Electricity Board Champa .‘a- D1v1s1on District Jan}glr-Champa at the t1me of his death go B (3) Respondent No.1, Meena Kumari preferred Succession Case' No. 26/2006 in the court at Bilaspur, whereas the applicant preferred Succession Case No.9/2006 in the coun at Janjgir. (4) This transfer petition has been moved for transferring the case pending at Bilaspur to the court ,at Janjgir. Learned’counsel for the applicant would submit that since the deceased was residing within jurisdiction of Janjgir court at the time of this death, the court at Janjgir would have jurisdiction to enquire and pass an order on the application and moreover the subject property i.e. the service benefits and the amount lying in the account of the deceased is also at t‘ Champa District Janjgir-Champa. Thus, it is only the Janjgir court which would have jurisdiction. (5) On the other hand, counsel for the respondents have argued that the applicant had raised an objection regarding jurisdiction of the court at Bilaspur and the said objection was rejected by the trial Judge vide its order date 10/05/2007 which was challenged by the applicant before the High Court in Civil Revision No.100/2007‘,7 however the said revision was withdrawn, therefore the issue regarding want of jurisdiction of Bilaspur court has become final. They would also submit that all the parties are residents of Bilaspur, therefore it would not make any diEerence if the Bilaspur Court ‘ continues to adjudicate upon theapplication. (6) 'l'here is no dispute that the deceased was posted at Champa at the time of his death. There is also no dispute that the deceased had a Tm. r i \k‘ ‘ ~/ ’3’ L'l share in the ancestral. property situated at Tifra, Bilaspur. Any decision about the entitlement of the applicant or respondent No.1 to obtain the amount belonging to the deceased which are deposited with the respondent No.4, Electricity Board would ultimately have a bearing on the entitlement of the concerned party in the properties belonging to the deceased or at least his share in the ancestral property. Thus, it cannot be said thatthe court at Bilaspur has no jurisdiction to adjudicate the application under section 372 of the Indian Succession Act. Section 371 of the Act provides that the District Judge within whose jurisdiction the deceased ordinarily resides at the time of his death, or, if at that time he had no hx place of residence, the District Judge, within whose jurisdiction any part of the property ofthe deceased may be found, may grant a certificate in this part. Thus, the court at Bilaspur, where the ancestral property of the deceased is situated would also have the jurisdiction to adjudicate the application under section 372 of the Act in addition to the court at Janjgir within whose jurisdiction the deceased died while in service at Champa'. (7) At this stage counsel for the non-applicant No.1 makes a prayer that both Succession Cases may be tried at one place, however, there is no prayer in the transfer petition to the said edect. If such an application is filed by any of the parties, that will be considered in accordance with law. a»