IN THE HON'BLE COURT OF HI6H COURT OF PETTITIONERS/ CHHATTESeARH AT BILASPUR B'EtW'®F*i?n»S T- Ra^€?e.No. /2010 ^ s- 1. Smt. Beena Pani Sahani w/o late shri Amban'sh Sahani, aged 52 years 2. Santoshini Sahani d/o late shri Ambarish Sahani, aged 28 years 3. Devjani Sahani d/o late shri Ambarish Sahani, aged 26 years 4. Sangram Kumar Sahani s/o late shri Amban'sh Sahani, 22 years All R/0 MJ.6. - C /449 Padmanabhpur, Ciurg, Tah. A Dist. Durg (C.6.) VERSUS RESPONDENTS/ NON-APPLICANTS 1. Smt. Priskillo Sahani w/o late shri Rajendra Kumar Sahani, aged 45 years 2. Sakshi Sahani d/o Late shri Rajendra Kumar Sahani, aged 14 years 3. Abhisheik Sahani s/o late shri Rcjendra Kumar Sahani, aged 10 years Respondent No. 2&3 are minor through mother Smt. Priskilla Sahani All R/0 M.1.6. - 1/197 HUbCO, Aamdi Nagar, Bhilai, Tah. & Dist.&urg (c.e.) 4. Stote of Chhattisgarh through Collector, Bilaspur (C.£.) APPU.CATiON FOR TRANSFER OF CIVIL SUIT UNDER SECTION 24 CIVIL PROCEDURE CO&E •w ,.--^"""-~"";'?^. .^•'/;'"%g''fh, !'. ••.,: ¥.;••. ? S'A. -'i'Zt^'^ 1 XJ' ^? ^s -.n COURT OF CHHATTISGARH Smt. Beena Pani Sahani and others Smt. Pariskilla Sahani and others Mr. AK Dubey, Advocate for the appellarits. Mr. AK Shukla, counse! for respondents No. 1 to 3. r. Akhil Agrawal, Panel Lawyer for the State/respondent No.4. ORDER (Orai th 1. This petition under Section 24 ofthe Code of Civil Procedure has been filed for transferring the Civit Suit No.36A/10 pending in the Court of 1st Civil Judge, Class-ll, Biiaspur to the Court of 12th Additional District Judge, Durg. 2. Brief facts of the case are that father-ln-iaw of petitioner Nb.1 had executed a Wii! in favour of his nephew Ambarish Sahani i.e. husband of petitioner No.1. The respondents filed a civii suit for cancellation of the registered Will executed on 14.6.2007 in favour of husband of petitioner No.1 and for declaration of tiiie and possession in the Court of 12 Additional District Judge at Durg, which is pending. Whereas the petifioners have filed a civii suit for - declaration and permanent injunctlon before the Court of 1 Civit Judge, Ciass-il, Bilaspur against the respond< Sy way of this petition, the petitioners have prayed for {ransferrins the Civil Suit No;36A/10 pending in the Court of 1st Civii Judge, Class-11, Biiaspurto the Court of 12 Additional District Judge, Durg on the gi-ound that both the parties are the residents of Durg and Shilai and the subj'ect matter involved in both the suits is the validity oftheWiiIdated 14.6.2007. 4. Heard Searned counsei for the parties and perused the plaints filed in Civll Suit No.36A/10 in the Court of 1st Civil Judge, Class-ll, s^ ^l Bilaspur and the Civil Suit titied as "Smt. Prisikalla Sahani and others Vs. Santoshini Sahani and others" fiied in the Court of 12 Additiona! District Judge, Durg. 5. This is not in dispute that both the suits have been filed involving Will dated 14.6.2007, alieged by the petitioners in Civil Suit No.36A/10 to have been executed by Shri Subhranshu Shekhar Sahani in favour of his nephew Ambarish Sahani, who is husband of petitioner No.1 and father of petitioners No. 2 to 4. Civil Suit No.36A/10 has been filed by the present petitioners for declaration and injunction on the basis ofWiil dated 14.6.2007. However, the other civil suit pending in the Court of 12 Additional District Judge, Durg has been filed by She daughter-in-law Smt; Prisikilla Sahani and her chiidren i.e. respondents No. 1 to 3 herein, for declaration, injunction and canceliation ofWill dated 14.6.2007. 6. According to the petitioners, late Subhranshu Shekhar Sahani had bequeathed an open plot situated at Juna Bilaspur and a residentia! louse situated at Padmanabhpur, Durg, through Will dated 14.6.2007 to his nephevv Ambarish Sahani. 7. This is also not in dispute that ihe civii suit pending in fhe Court of 12 Additional District Judge, Durg has been pre'/iousty instituted and Clvil Suit No.36A/10 pending in the Court of 1st Civii Judge, Class-11, Bil-aspur has been instituted subsequently. Admittedty, in both the suits, Will dated 14.6.2007 is the subject matter. s. An application under Sectlon 10 ofthe CPC was filed in the Court of 1 Civil Judge, Class-ll, Bltespur on behaif of the respondents for staying the further proceedings in Ciyil Suit No.36A/10 and the same was allowed. The order ailowing the appiication under Section of the CPC was chalienged before this Court by way of writ petitjon under Art:ic!e 227 of the Constitution of India by the petitioners and the same was dismissed on 18.11.2010, thereby cortfirming the order allowing application under Section 10 of the CPC by the 1sf Civil Judge, Class-l!, Bilaspur in Civil Suit N0.36A/10. 9i In the order dated 18.11.2010, while dismissing the writ petition, it has been qbserved that the present petitioners may move an "-';r; -3 ^6 ippropriate appiication for consolidation or transfer of one or other suit for its triaf in one Court. 10. The suit flled in the Court of 1 Civil Judge, Class-ll, Bilaspur is in respect of an open plot situated at Juna Bilaspur, whereas the suit fiied at Durg in the Court of 12* Additional District Judge is in respect of a residential house situated at Padmanabhpur, Durg. The proceedings of the subsequent instituted suit i.e. Civil Suit No.36A/10 have already been stayed under Section 10 ofthe CPC and that order h-as been confirmed by this Court in WP(227) No.6560/10, as such, the subsequentiy instituted Civil Suit NG.36A/10 pending in the Court of 1st Civii Judge, Class-il, Bilaspur cannot be transferred, in the present circumstances, for trial and disposai to the Court of 12 Additional District Judge, Durg. 11. In the result, the instant transfer petition is hereby dismissed. Sd/- G. Minhajuddin Judge ;;;:\ ^