IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 5472 of 2008 Date of Decision: October 4, 2008 Ninder Singh .....Petitioner Versus Smt. Charan Kaur @ Charno and another .....Respondents CORAM: HON’BLE MR JUSTICE T.P.S.MANN Present : Ms. R.K.Thind, Advocate for the petitioner. ***** T.P.S.MANN, J , Order passed by learned District Judge, Amritsar, on September 23, 2008, while dismissing the application of the petitioner for the transfer of civil suit no. 252 of 2007 titled as 'Charan Kaur Vs. Ninder Singh and another' from the Court of Shri Vishesh, Civil Judge(Junior Division), Amritsar to the Court of Ms. Daljit Kaur, Civil Judge(Junior Division), Amritsar, has been challenged in the present revision under Article 227 of the Constitution of India. Smt. Charan Kaur @ Charno-respondent earlier filed a suit for permanent injunction against Ninder Singh-petitioner so as to restrain him from interfering in her peaceful possession over land measuring 10 C.R. No. 5472 of 2008 -2- marlas out of total land measuring 7 kanals bearing khasra No.40//13/2, khata khatauni no.50/104 situated in village Kambo and from alienating/transferring the suit land more than his share. Along with the suit, Smt. Charan Kaur-respondent also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 C.P.C. for the grant of ad- interim injunction, but the application was dismissed by Ms. Daljit Kaur, Civil Judge(Jr. Divn), Amritsar, on June 7, 2007. A couple of months later, Smt. Charan Kaur made a statement before the learned trial Court that she did not want to proceed with her suit as there were technical defects in the same and, therefore, she be permitted to withdraw the same with liberty to file a fresh suit. On the basis of the said statement, learned trial Court dismissed the suit on December 5, 2007 as having been withdrawn. On the same very day i.e. 5.12.2007, Smt. Charan Kaur @ Charno filed a fresh suit against Ninder Singh-petitioner and his brother Sucha Singh wherein she sought declaration that she was co-owner in joint possession of property/land comprising khasra no.39/6(8-0), 7/1(2- 0), 40/10/1(4-16), 40/13/2(7-0), situated in village Kambo to the extent of 1/7th share in the said land. The said civil suit was entrusted to the Court of Shri Vishesh, Civil Judge(Jr. Divn), Amritsar and was fixed for 9.8.2008 when, in the meantime, Ninder Singh-petitioner, who was one of the defendants in the suit, filed an application for transfer of the suit to the Court of Ms. Daljit Kaur, Civil Judge(Jr. Divn), Amritsar. As mentioned above, the application filed by the petitioner was dismissed vide impugned order passed by learned District Judge, Amritsar. C.R. No. 5472 of 2008 -3- Learned counsel for the petitioner has submitted that the earlier suit filed by Smt. Charan Kaur @ Charno was almost identical to the one preferred by her lateron except for the fact that she has impleaded Sucha Singh as defendant no.2 and also added three more properties so as to seek declaration regarding her co-ownership in joint possession to the extent of 1/7th share. Moreover, in the earlier suit filed by Smt. Charan Kaur @ Charno, interim injunction was declined by Ms. Daljit Kaur, Civil Judge(Jr. Divn), Amritsar and, therefore, it would be in the interest of justice to transfer the subsequent suit to the said Court so as to avoid pronouncing of contrary/different orders on the application for interim relief. Mere fact that in the earlier suit filed by Smt.Charan Kaur @ Charno, Ms. Daljit Kaur, Civil Judge(Jr. Divn), Amritsar had declined to grant ad-interim injunction, is no ground to transfer the subsequent suit filed by Smt.Charan Kaur @ Charno. The ad-interim injunction in the first suit was declined on the given set of facts which were projected before Ms. Daljit Kaur, Civil Judge(Jr. Divn), Amritsar. In the subsequent suit, more properties/pieces of land have been mentioned by Smt. Charan Kaur @ Charno besides adding one more defendant to the array of the parties. The matter regarding ad-interim injunction in the subsequent suit will be decided on the facts and circumstances of the said suit and not on the ground that in the first suit, ad-interim injunction had been declined. Moreover, the first suit has already been dismissed as withdrawn. Therefore, it cannot be said that in the event of the ad-interim C.R. No. 5472 of 2008 -4- injunction being granted to Smt.Charan Kaur @ Charno, it would resulted in contrary/different orders. No ground for interference in the impugned order is made out. The revision is, accordingly, dismissed. ( T.P.S. MANN ) October 4, 2008 JUDGE ajay-1