JOGINDER VAID Vs. SHAILENDER VAID

JUDGEMENT

(1.) Through the medium of the instant petition filed under Sec. 24 of the Code of Civil Procedure, the petitioners herein seek transfer of the civil suits titled as "Shailender Vaid Vs. Joginder Vaid and ors" from the court of Principal Sr. No.44 District Judge, Kathua and "Shailender Vaid Vs. Sangeeta Vaid and ors" from the court of Munsiff, Chenani to any other court of competent jurisdiction at Jammu.

(2.) The facts giving rise to the filing of the instant petition reveal that the respondent 1 herein is the son of the petitioners 1 and 2 herein and brother of petitioners 3, 4 and proforma respondent 2 herein.

(3.) The respondent 1 herein is stated to have filed a suit for partition before the court of Principal District Judge, Kathua with regard to the House bearing No. 179-P situated at Sector 3, Trikuta Nagar, Jammu along with a shop constructed therein the suit house besides a petrol pump run under the name and style of M/s Angad Filing Station situated at Basohli along with petrol tankers attached to the said petrol pump as also of a plot of land bearing No. 80 measuring 1.5 kanals situated at Yard 6, Transport Nagar, Narwal, Jammu A decree for permanent prohibitory injunction has also been sought by the plaintiff/respondent 1 herein in the said suit against the defendants/petitioners herein and proforma respondent 2 herein for restraining them and their agents from alienating the said suit property in any manner as also from raising any sort of construction thereon the suit property. Besides in the said suit, a decree for recovery of 1/5thshare of the plaintiff/respondent 1 herein from the income i.e., rent received from the shop constructed at House No. 179-P supra and 1/5thshare of the profit from the sale of the aforesaid petrol pump w.e.f., 14/8/2004 has also been sought.