KALI CHARAN Vs SUDHA RANI .
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: C.A. No.-000430-000430 / 2011
Diary number: 13789 / 2009
Advocates: AJAY KUMAR Vs
RAVINDRA KESHAVRAO ADSURE
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 430 OF 2011
(Arising out of SLP(C) No.14869/2009)
KALI CHARAN AND ORS. Appellant(s)
:VERSUS:
SUDHA RANI AND ORS. Respondent(s)
O R D E R
1. Leave granted.
2. The appellants are aggrieved by the order
dated 30.1.2009 passed by the learned Single Judge
of the High Court of Punjab and Haryana at
Chandigarh in C.M. No.10110-CII/2007 (O & M).
3. Learned counsel appearing on behalf of the
appellants submits that about 10 suits pertaining to
the estate of Janaki Devi are pending before the
Civil Court at District Panchkula. By the aforesaid
order passed by the learned Single Judge of the High
Court, Civil Suit No.30 of 2006 (re-numbered as
52901CO140 882006) and Civil Suit No.978 of 2006
(re-numbered as 52901CO136 812006) which also
pertain to the estate of Janaki Devi, have been
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transferred from Panchkula to Yamuna Nagar. His
apprehension is that there may be conflicting
decrees if they are tried by different Courts.
Therefore, it is in the interest of justice that one
Court should decide all these cases.
4. As mentioned above, ten suits are already
pending before the Civil Court at District
Panchkula. Learned counsel appearing on behalf of
the appellants further submits that the injunction
suits which are pending before the Civil Court at
Yamuna Nagar, appellants are not parties to those
suits.
5. In the facts and circumstances of the case and
in the interest of justice, we deem it appropriate
to re-transfer the aforementioned suits to the Civil
Court at District Panchkula. Accordingly, the
impugned order is set aside. We also direct that the
injunction suits, i.e. Civil Suit Nos.217, 486, 526,
288 and 85 of 2006, which are pending before the
Civil Court at Jagadhri, District Yamuna Nagar
(details of which have been given at Page D & E of
the List of Dates to this petition) be transferred
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to the Civil Court at District Panchkula.
6. We request the learned District Judge,
Panchkula, either to decide these cases himself or
assign them to one judicial officer who may decide
all these cases expeditiously.
7. With these observations, this appeal is
disposed of leaving the parties to bear their own
costs.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; January 10, 2011.