T.A. No. 173 of 2010 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 173 of 2010 (O&M) Date of decision: 13.9.2010 Ujjwal Sahrawat .. Applicant v. Maj. Gen. Brijender Singh Daulta and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr.R. C. Chaudhary, Advocate for the applicant. Mr. S. K. Yadav, Advocate for respondent No. 1. Mr. Sandeep K. Sharma, Advocate for respondents No. 2 to 4. ... Rajesh Bindal J. Prayer in the application is for transfer of the suit filed by respondent No. 1 against the applicant and respondents No. 2 to 4 from Rohtak to Chandigarh. In the suit filed by respondent No. 1 at Rohtak, the claim is for partition of the property. Learned counsel for the applicant submitted that the applicant in the present case is about 60 years of age. She has a grown up unmarried daughter, who is still studying. Further, she is suffering from many diseases, on account of which she is unable to travel from Chandigarh to Rohtak. On the other hand, learned counsel for the respondents submitted that the applicant had been visiting Rohtak to collect the rent of the shops situated at Rohtak. It is not that only respondent No. 1 is effected with the transfer of the case. Respondents No. 2 to 4 will also have to travel from Rohtak to Chandigarh to attend the hearings of the case. Respondent No. 2 in the present case is widow of the brother of the applicant and respondent No. 1, whereas respondents No. 3 is her minor daughter and respondent No. 4 is son. Respondent No. 2 is presently serving as a teacher in a school. It will be difficult for her to attend the hearings of the case at Chandigarh in case it is directed to be transferred. After hearing learned counsel for the parties, I do not find any merit in the present application. Merely because the applicant is to travel from Chandigarh to Rohtak to attend the hearings of the case pending in the court there, which otherwise has the jurisdiction to try the same, the suit cannot be transferred to the place of convenience of the applicant. T.A. No. 173 of 2010 [ 2] Accordingly, the present application is dismissed. (Rajesh Bindal) Judge 13.9.2010 mk