TA No.131 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.131 of 2011 Date of decision : 26.04.2011 Gurcharan Singh & others ...Applicants Versus Gurmej Singh and another ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vinod Bhardwaj, Advocate, for the applicant. Mr. Saurabh Garg, Advocate, for the respondent. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicants under Section 24 of the Code of Civil Procedure, praying for the transfer of Civil Appeal No.22 of 2011 titled as ‘Gurmej Singh @ Gurbhej Singh and another Vs. Kapur Kaur and others’, from the Court of learned Additional District Judge, Kurukshetra, to the Court of competent jurisdiction at Kaithal. 2. I have heard learned counsel for the parties. 3. Reply filed on behalf of the respondents is taken on record. 4. A bare perusal of the record would reveal that the property in dispute which is the subject matter of the civil appeal No.22 of 2011, TA No.131 of 2011 2 is situated within the territorial jurisdiction of District Kaithal. The appeal pertains to the year 1983 and during that period, the area fell under the territorial jurisdiction of District Kurukshetra. Later on, after the creation of District Kaithal and in view of the instructions issued by this Court vide letter No.419 Gaz.II(7)/KKI.5 dated 6.11.1989, all the cases pertaining to the District Kaithal have been transferred to the Sessions Division, Kaithal. However, the civil appeal in dispute was not transferred inadvertently. 5. In view of the aforesaid fact situation, this Court is of the opinion that the civil appeal in question deserves to be transferred to Kaithal. 6. Accordingly, the instant transfer application is allowed and the civil appeal titled as ‘Gurmej Singh @ Gurbhej Singh and another Vs. Kapur Kaur and others’ is withdrawn from the Court of learned Additional Distict Judge, Kurukshetra, and is transferred to the Court of competent jurisdiction at Kaithal. The entire record pertaining to the civil appeal shall be sent by the trial Court at Kurukshetra to the learned District Judge, Kaithal, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 7. The parties shall appear before the Court of learned District Judge, Kaithal, on 26.05.2011. 26.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE TA No.131 of 2011 3 Note : Whether to be referred to Reporter ? Yes / No