Allowed

Davinder Singh and Ors. v. Bhupinder Singh

J&K HC2 Dec 2021CTA/13/2017

Case brief

AI extract

What is this about?

The High Court allowed an application transferring a suit challenging a will deed. Upon hearing submissions admitting resident status in Srinagar, the court ordered the transfer of the suit from Budgam to Srinagar and the withdrawal of the suit was permitted.

What did the court decide?

The suit pending before the Principal District Judge, Budgam, was withdrawn and transferred to the Principal District Judge, Srinagar, who shall assign it to any court of competent jurisdiction.

Davinder Singh and Ors. Vs Bhupinder Singh — Partition | J&K HC (2021)

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S. No. 15 After Notice Matter

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HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR

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CTA No. 13/2017 CM No. 4939/2021

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Davinder Singh & ors. ...Petitioner/Appellant(s)

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Through: Mr. Salih Pirzada, Advocate. . V/s Bhupinder Singh ….. Respondent(s) Through: Mr. Vaseem Aslam, Advocate.

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CORAM:

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HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE.

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ORDER

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02.12.2021

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CM No. 4939/2021.

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Having regard to the contents of the application coupled with the submissions made by the learned counsel for the applicants, application is allowed and legal hires of the deceased-respondent detailed out in the application are substituted in place of the respondent.

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Application is disposed of.

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CTA No. 13/2017.

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Through the medium of the instant transfer application, transfer of suit filed by the respondent herein challenging the will deed purported to have been executed by the predecessor in interest of petitioners is being sought.

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According to learned counsel for the petitioner suit has been instituted in the Court of learned Principal District Judge, Budgam, and that the parties to the suit are residents of Srinagar and, therefore, the suit on

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account of convenience of the parties be transferred to any court of competent jurisdiction at Srinagar.

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Learned counsel for the newly added respondents would admit of the position that the suit is filed before the court of learned Principal District Judge, Budgam, and would also concede to the position that the parties are residents of Aloochibagh, Srinagar.

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The counsel for the respondents would also not oppose the submission of the learned counsel for the petitioner that the suit be transferred to any court of competent jurisdiction at Srinagar for disposal in accordance with law.

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Having regard to the contents of the application coupled with the submissions made by the learned counsel for the parties, the instant transfer application is disposed of and the suit titled as “ Bupinder Singh V.s Davinder Singh & Ors.” pending before the Court of learned Principal District Judge, Budgam, is withdrawn and is transferred to the court of learned Principal District Judge, Srinagar, who shall assign the same to any court of competent jurisdictions for disposal in accordance with law. The learned Principal District Judge, Budgam, shall forthwith transmit the record of the case to learned Principal District Judge, Srinagar.

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Disposed of.

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(JAVED IQBAL) JUDGE

SRINAGAR

02.12.2021

“Nuzhat”

NUZHAT SHAFI 2021.12.04 11:20 I attest to the accuracy and integrity of this document

Davinder Singh and Ors. v. Bhupinder Singh

Case brief

What is this about?

What did the court decide?

Davinder Singh and Ors. v. Bhupinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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