TA No.5 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.5 of 2011 Date of decision:28.2.2011 Sinder Kaur ...Applicant Versus Bhag Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Raman Mohinder Sharma, Advocate, for the applicant. Mr.G.S.Sandhu, Advocate, for he respondent No.1. Mr.Hitesh Sood, Advocate, for respondents No. 2 and 3. JITENDRA CHAUHAN, J. (Oral) The present application has been moved under Section 24 of the Code of Civil Procedure for transfer of Civil Suit No.1279 dated 21.11.2008 titled `Bhag Singh Vs. Sinder Kaur and others' from Sunam to the court of competent jurisdiction at Fatehgarh Sahib. Learned counsel for the applicant submits that both the parties are residents of Amloh, which falls within the jurisdiction of District Fatehgarh Sahib. He further submits that the land in dispute is also situated in the same District. In the civil suit filed by the applicant, issues have already been framed and the same is fixed for recording the evidence. The learned counsel appearing for respondents No.2 and 3 has also supported the case of the applicant. On the other hand, learned counsel for respondent No.1 submits TA No.5 of 2011 2 that agreement have arrived at between the parties at Sunam. Therefore, the proceedings be allowed to continue at Sunam. I have heard the learned counsel for the parties. Admittedly, the agreement to sell was executed at Sunam. However, the land in question is located in District Fatehgarh Sahib. In the civil suit filed by the applicant, issues have already been framed and the case is fixed for evidence. As the land in question, the subject matter of agreement is situated in District Fatehgarh Sahib and the learned court at Fatehgarh Sahib is seized of the matter at the stage of recording evidence, it would be in the interest of justice, if the suit filed by respondent No.1 at Sunam for rectification of the agreement is transferred to District Fatehgarh Sahib. In view of the above, the present application is allowed. The civil suit No.1279 dated 21.11.08 titled `Bhag Singh Vs. Sinder Kaur and others' is withdrawn from the court of Additional Civil Judge (Senior Division), Sunam and is transferred to the court of competent jurisdiction at Fatehgarh Sahib. File shall be sent by the trial Court at Sunam to the learned District Judge, Fatehgarh Sahib, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Fatehgarh Sahib will either himself dispose it of or entrust it to any other Court of competent jurisdiction. Parties are directed to appear before the District Judge, Fatehgarh Sahib, on 28.3.2011 28.2.2011 (JITENDRA CHAUHAN) mk JUDGE TA No.5 of 2011 3 Note: Whether to be referred to the Reporter? Yes / No