SHYAM SUNDER JHANWAR Vs. SANTOSH BINYALA & ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Petitioner has preferred this transfer application under Section 24 C.P.C. for transferring Application No.

(3.) Learned counsel for the petitioner submitted that application under Section 372 of the Indian Succession Act was filed by the petitioner for grant of succession certificate in respect of property left by his wife, Smt. Shashi Binyala, daughter of Respondent No. 2 Banwarilal Binyala, who died while in service. Subsequently, another suit for declaration, mandatory and permanent injunction was also filed by the petitioner in the Court of District Judge, Jaipur City, Jaipur, which has now been transferred to the Court of Additional District Judge, No. 3, Jaipur City, Jaipur, wherein the dispute is in respect of Plot No. A-156, Hathoj Extension Scheme, Kalwad Road, Jaipur, which was in the name of wife of the petitioner. He submitted that service of notice has already been effected on both the respondents in respect of civil suit pending at Jaipur and they are contesting the said suit. Both the respondents are residing at Jaipur, therefore, it will not only be convenient for the petitioner, but it will also be convenient for the respondents that application for grant of succession certificate pending at Jhalawar may be transferred to Jaipur.