SUCHITA KHURANA Vs. JAITOON

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present writ petition has been filed by the petitioners for quashing the order dated 13.11.2009 passed by the learned District Judge, Dehradun by which their transfer application has been rejected and also for transfer of the Original Suit no.477 of 2004 from the Court of Civil Judge (Sr. Div.) Vikas Nagar to the Court of Civil Judge (Sr. Div.) Dehradun.

(3.) Brief facts of the case, as narrated in the writ petition, are that respondents instituted a suit for permanent injunction for restraining the defendants/ petitioners from interfering in peaceful possession over the property in question as well as for restraining defendants/petitioners from selling the same. Suit was also filed for cancellation of sale deed dated 24.05.2004. The property in dispute is situated at Village Dhoran Khas Pargana Parwadun, Tehsil Dehradun, District Dehradun, bearing Khasra no.434 New no.174 Kha measuring 0.407 hectare of land and land bearing Kasra no.(old 157/1) New no.73 Ga measuring 0.394 hectare. The suit was filed by the respondents on 31.08.2004 in the Court of Civil Judge, (Sr. Div.), Dehradun. Same was registered as original suit no.477 of 2004. On 10.12.2004, the District Judge, Dehradun transferred the suit from the Court of Civil Judge (Sr. Div.) Dehradun to the Court of Additional District Judge/ IInd F.T.C. Dehradun. In pursuance of order dated 10.12.2004, the case file was transferred on 13.12.2004 and was received by transfer by the Court of Additional District/ IInd F.T.C. Dehradun on 28.12.2004. Thereafter, the suit remained pending in the Court of A.D.J./F.T.C. III, Dehradun. In the meantime a Gazette Notification was issued on 13.01.2009 by which the Court of Civil Judge, (Sr. Div.) was created at Vikas Nagar and the jurisdiction of the Civil Judge (Sr. Div.) Vikas Nagar was notified. As per notification dated 13.01.2009, the Civil Judge (Sr. Div.) Vikas Nagar was given territorial jurisdiction of subject matter falling within the territory of Tehsil Vikas Nagar, Chakarata, Tyuni and Kalshi. Thereafter, by the order of District Judge, Dehradun dated 03.09.2009, the Orignal Suit no. 477 of 2004, `Smt. Jaitun and others Vs. Smt. Suchita Khurana and others' was transferred from the Court of Additional District Judge/ F.T.C. III Dehradun to the Court of Civil Judge (Sr. Div.) Vikas Nagar. On 12.10.2009 the petitioners moved an application before the District Judge, Dehradun for transferring the suit from Vikas Nagar to the court having jurisdiction. The said application was rejected by the District Judge, Dehradun on 13.11.2009 by asking the petitioners to raise question of jurisdiction before the court concerned and get the issue decided in the judicial side. Aggrieved by the said order present petition is filed.