IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 19 of 2008 Date of decision: 19.6.2008 Ms. Usha Verma and others Petitioners. Versus Bhagat Ram Respondent. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. G.D.Verma, Sr. Advocate with Mr. Romesh Verma, Advocate. For the respondent: Mr. Guljar Singh Rathore, Advocate. Deepak Gupta, J. (oral) This petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Civil Appeal No. 20-S/13 of 2006 from the Court of learned District Judge (Forest), Shimla to any other Court of competent jurisdiction in Shimla. No allegations have been leveled against the Officer presiding over the Court of District Judge (Forest), Shimla. The reason on which the transfer is sought is that the petitioners (here-in-after referred to as the plaintiffs) had filed two suits i.e. 35/1 of 2000 and 40/1 of 2003/2000. Both the suits were between the same 1 Whether the reporters of the local papers may be allowed to see the Judgment? yes. parties and both the suits were tried by the learned Civil Judge (Jr.Div.) Court No.1, Shimla. Both the suits were decreed. Civil Suit No. 35/1 of 2000 was decreed vide judgement and decree dated 3rd March, 2004 and Civil Suit No. 40/1 of 2003/2000 was decreed vide judgement and decree dated 26th May, 2004. Appeals were carried against both the decrees by the respondent (here-in-after referred to as the defendant). Both the appeals were assigned to the learned District Judge (Forest), Shimla. In fact, it would have been more appropriate if both the appeals had been taken up together. On perusal of both the judgements of the learned trial Court, I find that though the land which is the subject matter of the two suits is different, it is situated in the same area. Case No. 35/1 of 2000 relates to agricultural land and case No. 40/1 of 2003/2000 relates to Abadideh land. The disputes were virtually identical and similar evidence has been led in both the case. Therefore, it would have been in the fitness of things that both cases should be heard together. Unfortunately, this has not been done and the learned District Judge (Forest) heard the appeal in case No.40/1 of 2003/2000 and allowed the same vide his judgement dated 11.9.2007. Now, the petitioners have filed the present application for transfer of the second appeal on the ground that since the District Judge (Forest) has expressed his opinion on the dispute and similar question are involved in the second case, it would be in the fitness of things if the case is heard by some other Court. I have heard Shri G.D.Verma, Sr. Advocate, learned counsel for the petitioners and Mr. Guljar Singh Rathore, learned counsel for the respondent. Taking into consideration the entire facts of the case, I find that the learned District Judge has dealt with the matter and has relied upon certain evidence while deciding Civil Appeal No.19-S/13 of 2006/04. Similar evidence has been led in Civil Suit No. 35/1 of 2000 out of which Civil Appeal No. 20-S/13 of 2006 is pending. Since, the learned District Judge (Forest) has already expressed his opinion on the matter, I am of the view that he should not hear the second appeal between the same parties. It would have been a totally different matter if he had heard both appeals together. However, once he has decided one appeal on the basis of almost similar evidence the fate of the other case before the same Officer is virtually sealed. Therefore, the transfer application is allowed without expressing any opinion on the merits of the case. Civil Appeal No. 20- S/13 of 2006 is ordered to be transferred from the Court of the District Judge (Forest), Shimla to the Court of the learned District Judge, Shimla, who shall hear the same. The learned District Judge (Forest) is directed to send the docket of case to the learned District Judge, Shimla, within 15 days of the appellant filing certified copy of this order with him. The parties are directed to appear before the learned District Judge, Shimla, on 12th August, 2008. 19th June, 2008 (Deepak Gupta), J. ™