Harpreet Kaur vs Surinder Kaur (Since Deceased) Through ...
2024 Latest Caselaw 6725 P&H

Punjab-Haryana High Court

Harpreet Kaur vs Surinder Kaur (Since Deceased) Through ... on 1 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                    2024:PHHC:043280

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                         124-A                                          CR-1919-2024 (O&M)
                                                                        Date of Decision: 01.04.2024

                         HARPREET KAUR                                                     .... Petitioner

                                                             VERSUS

                         SURINDER KAUR (SINCE DECEASED) THR LRS                         .... Respondents

                         CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                         Present :      Ms. Harpreet Kaur (petitioner) in person.

                         ALKA SARIN, J. (ORAL)

1. The present revision petition has been filed under Article 227 of

the Constitution of India challenging the order dated 27.02.2024 (Annexure

P-17) passed by the learned Civil Judge (Junior Division), Rupnagar in Civil

Suit being CS-963-2020 dated 23.12.2020 whereby the learned Civil Judge

(Junior Division), Rupnagar has referred the matter to the learned District

and Sessions Judge, Rupnagar for passing appropriate orders with regard to

transferring the same to the Court of competent jurisdiction due to personal

reasons. Further prayer is for staying the impugned order dated 27.02.2024

(Annexure P-17).

2. Petitioner has appeared in person and has contended that the

application for striking off the defence of defendant-respondent No.3,

namely, Bhupinder Singh was still pending and hence the matter ought not

to have been transferred.

3. Heard.

4. The learned Civil Judge (Junior Division) Rupnagar vide order

dated 27.02.2024 has made a reference to the learned District and Sessions

integrity of this judgment/order.

                                                                                   2024:PHHC:043280

                         124-A        CR-1919-2024 (O&M)                                   -2-

Judge, Rupnagar for transferring the matter to the Court of competent

jurisdiction due to personal reasons. The said reference is still pending and is

fixed for today itself i.e. 01.04.2024. Since the matter is pending before the

learned District and Sessions Judge, Rupnagar for directions on the transfer

of the present case, there is no occasion for this Court to pass any directions

as the Officer concerned has asked for transfer of the Court for personal

reasons. Further, in the impugned order dated 27.02.2024 it is noticed that

the application dated 04.12.2023 under Order VIII Rule 1 CPC was

withdrawn by the plaintiff-petitioner and a fresh application under Order

VIII Rule 10 CPC was filed.

5. In view of the above, the present petition is dismissed. Pending

applications, if any, also stand disposed off.

                         01.04.2024                                           (ALKA SARIN)
                         Aman Jain                                               JUDGE

                                      NOTE:        Whether speaking/non-speaking: Speaking
                                                   Whether reportable: YES/NO







integrity of this judgment/order.