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2024 DAILYLAW 2750 (PNJ)

PREM GARG AND ANOTHER v. AMAR SINGH AND OTHERS

TA/163/2026 · 2026-07-02

Harkesh Manuja

body2024

Judgment text

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TA No. TA No. TA No. TA No.163 163 163 163 of 202 of 202 of 202 of 202 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 103 PREM GARG AND ANOTHER PREM GARG AND ANOTHER PREM GARG AND ANOTHER PREM GARG AND ANOTHER Vs Vs Vs Vs AMAR SINGH AND OTHERS AMAR SINGH AND OTHERS AMAR SINGH AND OTHERS AMAR SINGH AND OTHERS CORAM: CORAM: CORAM: CORAM: HON'BLE HON'BLE HON'BLE HON'BLE Present: Mr. G.L. Bajaj, Advocate for the applicants. Mr. for HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. By way of present transfer of Civil Suit No.587 of 2024 Civil Suit No.587 of 2024 Civil Suit No.587 of 2024 Civil Suit No.587 of 2024 Singh and others’ Judge, Senior Division, Jind to any Court of Competent jurisdiction at S.A.S. Nagar (Mohali). [2]. I have heard learned counsel for the parties and gone through the paper book. [3]. The only plea taken in the present application filed at the instance of the applicants/defendants is of their 68 years respectively. [4]. Pertinently, the applicants/defendants have nowhere averred in their application that they them to attend the proceedings of 202 of 202 of 202 of 2026666 (O&M) (O&M) (O&M) (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Transfer Application No. Transfer Application No. Transfer Application No. Transfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: PREM GARG AND ANOTHER PREM GARG AND ANOTHER PREM GARG AND ANOTHER PREM GARG AND ANOTHER AMAR SINGH AND OTHERS AMAR SINGH AND OTHERS AMAR SINGH AND OTHERS AMAR SINGH AND OTHERS HON'BLE HON'BLE HON'BLE HON'BLE MR. JUSTICE HARKESH MANUJ MR. JUSTICE HARKESH MANUJ MR. JUSTICE HARKESH MANUJ MR. JUSTICE HARKESH MANUJ Mr. G.L. Bajaj, Advocate for the applicants. Mr. J.S. Dadwal, Advocate for respondent nos.1 and 2. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) By way of present application, prayer has been made for Civil Suit No.587 of 2024 Civil Suit No.587 of 2024 Civil Suit No.587 of 2024 Civil Suit No.587 of 2024 titled ‘Amar Singh and Anr. vs. Sukhdev Singh and others’ pending in the Court of Sh. Vivek Singh, Additional Civ Judge, Senior Division, Jind to any Court of Competent jurisdiction at S.A.S. Nagar (Mohali). have heard learned counsel for the parties and gone through the The only plea taken in the present application filed at the instance of the applicants/defendants is of their advance age which is stated to be 73 years and 68 years respectively. Pertinently, the applicants/defendants have nowhere averred in their application that they are suffering from any illness them to attend the proceedings before the Court at Jind IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Transfer Application No. Transfer Application No. Transfer Application No. Transfer Application No. 163 163 163 163 of 202 of 202 of 202 of 2026 6 6 6 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 02 02 02 02.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicantssss …..Respond …..Respond …..Respond …..Responden en en enttttssss MR. JUSTICE HARKESH MANUJ MR. JUSTICE HARKESH MANUJ MR. JUSTICE HARKESH MANUJ MR. JUSTICE HARKESH MANUJAAAA , prayer has been made for seeking titled ‘Amar Singh and Anr. vs. Sukhdev pending in the Court of Sh. Vivek Singh, Additional Civ Judge, Senior Division, Jind to any Court of Competent jurisdiction at S.A.S. have heard learned counsel for the parties and gone through the The only plea taken in the present application filed at the instance of age which is stated to be 73 years and Pertinently, the applicants/defendants have nowhere averred in their suffering from any illness which may render it difficult for before the Court at Jind. In the absence of any such 1 seeking titled ‘Amar Singh and Anr. vs. Sukhdev pending in the Court of Sh. Vivek Singh, Additional Civil Judge, Senior Division, Jind to any Court of Competent jurisdiction at S.A.S. have heard learned counsel for the parties and gone through the The only plea taken in the present application filed at the instance of age which is stated to be 73 years and Pertinently, the applicants/defendants have nowhere averred in their which may render it difficult for In the absence of any such MOHMED ATIK 2026.07.03 16:07 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.163 163 163 163 of 202 of 202 of 202 of 202 pleading or supporting material and w hale and hearty, mere age factor in the present situation cannot be taken to be a valid or justified reason for Jind to S.A.S. Nagar (Mohali). respondents/plaintiffs, the applicants/defendants represent them in the said suit, and in any eve Trial Court would be required only limited recording their evidence etc. [5]. In applicants-defendants [6]. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 02 02 02 02, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable of 202 of 202 of 202 of 2026666 (O&M) (O&M) (O&M) (O&M) pleading or supporting material and when the applicants/defendants hale and hearty, mere age factor in the present situation cannot be taken to be a valid or justified reason for accepting their prayer for transfer of Jind to S.A.S. Nagar (Mohali). Besides it, in the civil suit preferred against the respondents/plaintiffs, the applicants/defendants represent them in the said suit, and in any event, their personal presence before the Trial Court would be required only limited occasions recording their evidence etc. view of above, the application defendants being devoid of merits is, thus dismissed. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No hen the applicants/defendants appear to be hale and hearty, mere age factor in the present situation cannot be taken to be a heir prayer for transfer of civil suit from Besides it, in the civil suit preferred against the respondents/plaintiffs, the applicants/defendants have already engaged counsel nt, their personal presence before the occasions, such as for the purpose of view of above, the application preferred at the instance of the , thus dismissed. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 2 appear to be hale and hearty, mere age factor in the present situation cannot be taken to be a uit from Besides it, in the civil suit preferred against the engaged counsel to nt, their personal presence before the such as for the purpose of preferred at the instance of the Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.03 16:07 I attest to the accuracy and authenticity of this order/judgment