Dismissed

Sunil Kalra Son of Late Shri Madhav Kalra, v. Smt. Pushpa Kalra Wife of Late Shri Madhav Kalra

Rajasthan HC20 Nov 2023CTA/38/2022

Case brief

AI extract

What is this about?

This order dismisses a transfer application seeking to move a civil suit concerning partition and injunction from the Additional District Judge to the District Judge, Jaipur Metro-I. The court held the application devoid of merit as the applicant should have sought a stay under Section 10 CPC instead. No ground for transfer was made out.

What did the court decide?

The transfer application filed by Sunil Kalra seeking to transfer suit No. 866/2019 is dismissed.

Sunil Kalra Son of Late Shri Madhav Kalra, Vs Smt… — Property and Title | Rajasthan HC (2023)

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[2023:RJ-JP:35138]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 38/2022

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Sunil Kalra Son Of Late Shri Madhav Kalra, Aged About 61 Years, Resident Of E- 23, Lajpat Marg, C- Sceme, Jaipur.

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----Petitioner

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Versus

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Smt. Pushpa Kalra Wife Of Late Shri Madhav Kalra, Aged About 79 Years, Resident Of E-29, Lajpat Marg, C- Scheme, Jaipur And At Present Residing At F-4, 4Th Floor, Krishna Glad Apartment No. 105/1, First Main, Sheshadriprum Road, Banglore North-560020 (Karnataka).

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Smt. Preeti Hemdev Wife Of Shri Nandlal Hemdev Daughter Of Late Shri Madhav Kalra, Aged About 59 Years, At Present Residing At H-4, 4Th Floor, Krishna Glade Apartment No. 105/1, First Main, Sheshadriprum Road, Banglore North-560020 (Karnataka) And E-29, Lajpat Marg, C-Scheme, Jaipur.

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Smt. Malvi Bathija Wife Of Shri Vinod Bathija Daughter Of Late Shri Madhav Kalra, Aged About 54 Years, At Present Residing At House No. 2793, 6Th Street, 12Th Main Road, Shanti Colony, Y-Block, Anna Nagar, Chennai-600040 And E-29, Lajpat Marg, C-Scheme, Jaipur.

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Rishabh Kalra Son Of Shri Sunil Kalra, Aged About 34 Years, Resident Of Plot No. E-23 And E-29, Lajpat Marg, C-Scheme, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Jai Raj Tantia, Advocate For Respondent(s) : Mr. Hari Prashad Jangid, Advocate

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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20/11/2023

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By way of this transfer application, the applicant wants to transfer the suit No. 866/2019 (Smt. Pushpa Kalra vs. Sunil Kalra

[2023:RJ-JP:35138]

[CTA-38/2022]

(2 of 3)

& Ors.) from Additional District Judge, No.4, Jaipur District Jaipur to the Court of District Judge, Jaipur Metro-I.

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Learned counsel for the applicant submits that the parties in the transfer application are close relatives. Madhav Kalra expired on 04.11.2016 and he executed a Will in favour of non-applicant No.4 Rishabh Kalra on 29.11.2015. Learned counsel for the applicant further submits that non-applicant No.1 Smt. Pushpa Kalra filed a suit for partition and permanent injunction against the defendants (applicant and non-applicants No. 2 and 3) in which non-applicant No.4 Rishabh Kalra was also made a party by way of application under Order 1 Rule 10 CPC. Learned counsel further submits that civil suit No. 866/2019 was subsequently transferred by administrative order of this Court to Additional District Judge No.4, Jaipur District Jaipur. The non-applicant No.4 Rishabh Kalra filed a probate application regarding the Will which is pending before the District Judge, Jaipur Metro-I (Civil Misc. Case No. 3423/2018 titled as “Rishabh Kalra Vs. Pushpa Kalra and Ors.”). Non-applicant No.4 Rishabh Kalra also filed a civil suit bearing No. 769/2019 for declaration and permanent injunction which is pending before the District Judge, Jaipur Metro-I. Learned counsel for the applicant further submits that the suits and probate application are interconnected, so the suit pending before the Additional District Judge No.4, Jaipur District Jaipur be transferred to the Court of District Judge, Jaipur Metro-I for adjudication.

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Learned counsel for the non-applicants has not opposed the transfer application.

[2023:RJ-JP:35138]

[CTA-38/2022]

(3 of 3)

I have considered the arguments advanced by the learned counsel for the applicant as well as learned counsel for the nonapplicants.

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It is an admitted position that the suit for partition and permanent injunction was previously filed before the District Judge, Jaipur Metropolitan, Jaipur which was subsequently transferred by administrative order of this Court to Additional District Judge No.4, Jaipur District Jaipur. After that non-applicant No.4 Rishabh Kalra filed a suit for declaration and permanent injunction. In my considered opinion, applicant had a liberty to file an application under Section 10 CPC for staying the proceedings till decision of the suit pending before the Additional District Judge No.4, Jaipur District Jaipur regarding partition and permanent injunction. So no ground is made out to transfer the suit pending before Additional District Judge No. 4, Jaipur District Jaipur to District Judge, Jaipur Metro-I. Hence, the transfer application being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

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Pending application(s), if any, also stands dismissed.

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(NARENDRA SINGH DHADDHA),J

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Gourav/Ritu/27

Sunil Kalra Son of Late Shri Madhav Kalra, v. Smt. Pushpa Kalra Wife of Late Shri Madhav Kalra

Case brief

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Sunil Kalra Son of Late Shri Madhav Kalra, v. Smt. Pushpa Kalra Wife of Late Shri Madhav Kalra

Case brief

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What did the court decide?

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