IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2029 of 2009 (M/S) Smt. Suchita Khurana & another ………..Petitioners Versus Smt. Jaitoon & another …….Respondents Shri B.P. Nautiyal, learned counsel for the petitioners. Shri Manish Arora, learned counsel for the respondents. Dated: 02nd June, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present writ petition has been filed by the petitioners for quashing the order dated 13.11.2009 passed by the learned District Judge, Dehradun by which their transfer application has been rejected and also for transfer of the Original Suit no.477 of 2004 from the Court of Civil Judge (Sr. Div.) Vikas Nagar to the Court of Civil Judge (Sr. Div.) Dehradun. Brief facts of the case, as narrated in the writ petition, are that respondents instituted a suit for permanent injunction for restraining the defendants/ petitioners from interfering in peaceful possession over the property in question as well as for restraining defendants/petitioners from selling the same. Suit was also filed for cancellation of sale deed dated 24.05.2004. The property in dispute is situated at Village Dhoran Khas Pargana Parwadun, Tehsil Dehradun, District Dehradun, bearing Khasra no.434 New no.174 Kha measuring 0.407 hectare of land and 2 land bearing Kasra no.(old 157/1) New no.73 Ga measuring 0.394 hectare. The suit was filed by the respondents on 31.08.2004 in the Court of Civil Judge, (Sr. Div.), Dehradun. Same was registered as original suit no.477 of 2004. On 10.12.2004, the District Judge, Dehradun transferred the suit from the Court of Civil Judge (Sr. Div.) Dehradun to the Court of Additional District Judge/ IInd F.T.C. Dehradun. In pursuance of order dated 10.12.2004, the case file was transferred on 13.12.2004 and was received by transfer by the Court of Additional District/ IInd F.T.C. Dehradun on 28.12.2004. Thereafter, the suit remained pending in the Court of A.D.J./F.T.C. III, Dehradun. In the meantime a Gazette Notification was issued on 13.01.2009 by which the Court of Civil Judge, (Sr. Div.) was created at Vikas Nagar and the jurisdiction of the Civil Judge (Sr. Div.) Vikas Nagar was notified. As per notification dated 13.01.2009, the Civil Judge (Sr. Div.) Vikas Nagar was given territorial jurisdiction of subject matter falling within the territory of Tehsil Vikas Nagar, Chakarata, Tyuni and Kalshi. Thereafter, by the order of District Judge, Dehradun dated 03.09.2009, the Orignal Suit no. 477 of 2004, ‘Smt. Jaitun and others Vs. Smt. Suchita Khurana and others’ was transferred from the Court of Additional District Judge/ F.T.C. III Dehradun to the Court of Civil Judge (Sr. Div.) Vikas Nagar. On 12.10.2009 the petitioners moved an application before the District Judge, Dehradun for transferring the suit from Vikas Nagar to the court having jurisdiction. The said application was rejected by the District Judge, Dehradun on 13.11.2009 by asking the petitioners to raise question of jurisdiction before the court concerned and get the issue decided in the judicial side. Aggrieved by the said order present petition is filed. Learned counsel for the petitioners submitted that the learned Civil Judge (Sr. Div.) Vikas Nagar does not have territorial jurisdiction to entertain/hear and decide the said suit as the property in dispute does not fall within its territorial jurisdiction and is under the territorial jurisdiction of Civil Judge (Sr. Div.) Dehradun. He submitted that in view of this fact the application of the petitioners should have been allowed and the case should have been transferred back to the Court of Civil Judge, (Sr. Div.) Dehradun. Learned counsel for the respondents has not filed any counter affidavit. The learned counsel for the respondents has not denied this fact that the property in question is situated at Tehsil Dehradun. In view of the fact that the property in question is situated at Tehsil Dehradun, the Civil Judge (Sr. Div.) Vikas Nagar does not have any jurisdiction to entertain this suit. The learned District Judge should have corrected the mistake and should have passed order for transferring the case to the court having territorial jurisdiction. Consequently, the writ petition is allowed. The order dated 13.11.2009, passed by the learned District Judge, Dehradun is quashed. The application of the petitioners dated 12.10.2009 is allowed. The suit 4 no.477 of 2004, ‘Smt. Jaitun and others Vs. Smt. Suchita Khurana and others’ is transferred back to the competent Court having jurisdiction i.e. Court of Civil Judge, (Sr. Div.) Dehradun, who is having territorial jurisdiction over the subject matter falling within the territory of Tehsil Dehradun. Learned counsel for both the parties prayed that the Trial Court be directed to decide the suit expeditiously. I do not think that this is the stage when an order for expeditious disposal of the case should be passed. But, since both the parties agree for expeditious disposal of the case, the learned Trial Court is directed not to grant any unnecessary adjournment to the parties. Civil Misc. Application (I.A. No. 1782 of 2010) also stands disposed of. (V.K. Bist, J.) Arpan 02.06.2010