PARKASH Vs. SAT PAL SINGH

JUDGEMENT

(1.) THE petitioners have sought transfer of civil appeal titled as "Parkash and another v. Sat Pal Singh and another" pending before Additional District Judge, Newanshahr to the District Judge Ludhiana on account of transfer of Hadbast No. 458 of village Sikkanderpur, Tehsil Balachaur, District Hoshiarpur to Tehsil Samrala, District Ludhiana.

(2.) THE petitioners have filed a suit for declaration to the effect that the petitioners are owner in possession of land measuring 37 kanals 14 marlas. The said suit was dismissed on 17.11.1995 by the Court of the learned Civil Sub Judge, Balachaur. While dismissing the suit, the counter claim filed by the respondents, was decreed. Aggrieved against the judgment and decree passed by the learned trial Court, an appeal was filed before the learned District Judge Hoshiarpur. A new district Nawanshahr was created by the State of Punjab. The area of Tehsil Balachaur in which the subject property was situated stood transferred to District Nawanshahr. In view of the said transfer the appeal filed by the petitioners was transferred to the Additional District Judge, Nawanshahr, vide order dated 14.5.1999. It is the grievance of the petitioners that village Sikkanderpur stands transferred to Tehsil Samrala, District Ludhiana, and, therefore, the appeal arising out of the said village is required to be decided by the District Judge in District Ludhiana. The petitioners have sought transfer to District Ludhiana on this ground alone.