Smt. Seema Rani and Others vs Gulshan and Others

Jaswant Singh, J.—Defendants 1 to 3 by filing present transfer application u/s 24 CPC are seeking transfer of civil suit no. 263 dated 16.5.2013 titled as Gulshan v. Smt. Seema Rani and others from the Court of learned Additional Civil Judge(Senior Division) Hansi to any court of competent jurisdiction at Karnal. It is stated that the petitioner no. 1 Seema Rani was married to brother of respondent/plaintiff-Gulshan, namely Pawan Kumar about 20 years ago. Out of the said wedlock a son and a daughter was born. Said Pawan Kumar unfortunately died on 5.9.2011. It is stated that the deceased husband had become owner of the suit property comprising portion of the shop and a residential house on the basis of a registered Will dated 18.8.2009 executed by earlier owner i.e. his mother Smt. Parvati. On the death of said Smt. Parvati on 26.12.2010, mutation in favour of Pawan Kumar had been entered in the Municipal records based on the registered Will dated 18.8.2009. It is further stated that after the death of husband, petitioner no. 1 alongwith her two minor children was turned out of their erstwhile matrimonial home and are presently residing at her parental home at Karnal. It is further stated that her Jeth Gulshan has filed the aforesaid suit claiming his share on the basis of a previous Will dated 15.12.1999 allegedly executed by Smt. Parvati. The grounds for transfer are that it is difficult for the petitioner to travel 150 kilometers to pursue her case.

After hearing the learned counsel for the petitioners, I find that no case for transfer is made out. It is well settled that mere distance is no ground to transfer the civil litigation which is otherwise instituted within the territorial jurisdiction where the property is situated. It is also well settled that convenience of the witnesses has also to be seen while considering the plea of transfer of a case. In the present case the suit property is situated at Hansi and the entire record relating to the Will as also property is situated at Hansi and therefore, keeping in view the balance of convenience in favour of the plaintiff this Court is of the view that the present transfer application is liable to be dismissed. Ordered accordingly.