Petitioner challenged transfer of title suit to Additional District Judge Patna where letters of administration case was pending to avoid conflicting views and ensure convenience. High Court dismissed application finding no interference required.
Application dismissing impugned transfer order dismissed with instruction to remove defects.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.139 of 2021
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Mrs. Suman D/o Late Inderbir Singh Marwah R/o House No.3, Montessori Lane, Near Karlo Automobile, Boring Road, Police Station- S.K. Puri, Town and District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Parth Gaurav For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 25-11-2021 Learned counsel for the petitioners is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners.
Patna High Court C.Misc. No.139 of 2021(3) dt.25-11-2021 2/3
Vide order dated 05.02.2020, the learned District judge, Patna in Civil Misc. (Tr.) Case No.62 of 2019 under Section 24 read with Section 151 of the Code of Civil Procedure transferred Title Suit No. 132 of 2018 from the court of learned Sub-Judge-II, Patna to the court of learned Additional District judge-VII, Patna where already a case being Letters of Administration Case No. 24/2017 is pending. The impugned order itself shows that one of the properties in both the cases were common. The learned District Judge has mentioned that the main property, which was the subject-matter of Letters of Administration Case, was involved in Title Suit No. 132 of 2018. It was the opinion of the learned District judge that in order to avoid the two conflicting views in both the case, it should be tried by a single court and accordingly he recalled the Title Suit No. 132 of 2018 from the court of learned Sub-JudgeII and transferred it to the learned Additional District judge-VII, Patna. The learned District judge has relied upon the decision of Hon’ble Supreme Court reported in (2005) 12 SCC 505 and 2009 (4) PLJR 918.
In my view, the learned trial court, for the sake of convenience, as well as to avoid conflicting opinion has transferred the case from the court of learned Sub-Judge-II to
Patna High Court C.Misc. No.139 of 2021(3) dt.25-11-2021 3/3
the court of the learned Additional District judge-VII where the case of Letters of Administration was pending. I do not find any point, which requires interference in the impugned order.
With this observation, the application is dismissed.
Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
HR/-
U
1 issue framed by the court
Whether transfer of title suit to a court having pendency of letters of administration avoids conflicting views and requires interference?
Mrs. Suman D/o Late Inderbir Singh Marwah
Taranjot Kaur W/o Ajay Bhambra
Narendra Singh S/o Late Mahendra Singh
Smt. Amarjeet Kaur W/o Late Devendra Singh
Dr. Kawaljeet Kaur W/o Dr. Ramendra Nath
Paramjeet Kaur W/o Sardar Gurusharan Singh
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
