Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.744 of 2024 Decided on: 17.03.2025 Pradeep Kumar Dhawan ...Petitioner Versus General Public & others ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Gautam Sood, Advocate. For the respondents: Mr. Praveen Chauhan, Advocate, for respondent No.2. Satyen Vaidya, Judge (oral) By way of instant petition, a prayer has been made to transfer the proceedings of the case No.11/2021, titled as Pradeep Kumar Dhawan vs. General Public & others filed under section 272 of the Indian Succession Act from the Court of learned Civil Judge, Senior Division, Shimla to the Court of learned District Judge, Shimla, on the ground that as per notification “C.L. No.HHC/Admn.6(24)/74-7345, Dt. 1st November, 1978” only those probate proceedings can be tried by Senior Civil Judge, which are uncontested.
2. The factual position is not disputed. Respondent No.2 is contesting the claim of the petitioner and for such reason, the petition is required to be decided by learned District Judge.
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3. Accordingly, the petition is allowed and proceedings of case No.11/2021 are ordered to be transferred to the Court of learned District Judge, Shimla. Parties are directed to appear before the learned District Judge, Shimla, on 2nd April, 2025.
4. Pending application(s), if any, shall also stand disposed of. (Satyen Vaidya ) Judge 17th March, 2025 (vt)