TA No. 267 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 267 of 2008 Decided on : 02-03-2009 Balbir Kaur ....Applicant VERSUS Parkash Kaur and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Rajesh Bhatheja, Advocate for the applicant Mr.O.P.Nagpal, Advocate for the respondents MAHESH GROVER, J This is an application under Section 24 CPC for transfer of proceedings in suit titled as 'Parkash Kaur versus Balbir Kaur and others' filed by respondent no.1, pending in the Court of Additional Civil Judge (Sr. Divn.), Batala, to a Court of competent jurisdiction at Patiala. It is the contended case of the applicant that applicant is advanced in years and is unable to travel to Batala to contest the proceedings in the suit instituted by the respondent no.1. It is further contended that respondent no.1 is staying abroad and is prosecuting her case through her attorney and other cases are also pending at Patiala and the respondent will not be prejudiced if the suit referred to above is also transferred. It was further contended that the applicant is also facing threat at the hands of the respondents which is reflected from Annexure P-2 which is a letter written to the SSP directing that the concerned authorities to ensure that no harm is caused to her. TA No. 267 of 2008 2 On the other hand learned counsel for the respondents contended that respondent no.1 is also an old lady and it will be difficult for her to attend proceedings at Patiala. After hearing learned counsel for the parties, I am of the considered opinion that the present petition deserves to succeed. It has not been denied by the learned counsel for the respondents that respondent no.1 is residing abroad and that she is prosecuting her case through her attorney. In this view of the matter, the contention of the learned counsel for the respondents that she is an old lady does not seems to be material to the present situation as in any event she is staying abroad and prosecuting her case through her attorney. On the other hand, applicant is advanced in years and finds it difficult to attend the proceedings by travelling to Batala. It is a settled law that convenience of the parties is to be one of the relevant considerations for transferring the cases. Having regard to the facts that the applicant is advanced in years and that some other cases inter se between the parties are also pending at Patiala, proceedings in suit titled as 'Parkash Kaur versus Balbir Kaur and others' filed by respondent no.1, pending in the Court of Additional Civil Judge (Sr. Divn.), Batala, are transferred to a Court of competent jurisdiction at Patiala. District & Sessions Judge, Patiala shall entrust the case to a Court of competent jurisdiction after receipt of the case on transfer, which shall issue notice to the parties for appearance. March 2, 2009 (Mahesh Grover) rekha Judge