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2025 DAILYLAW 3166 (PNJ)

AMITA TALWAR AND OTHERS v. USHA TALWAR AND ANOTHER

TA/861/2025 · 2026-02-10

Archana Puri

body2025

Judgment text

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1 TA-861-2025 (O&M) & TA-863-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.117 (2 cases) Date of Decision: 10.02.2026 1. TA-861-2025 (O&M) AMITA TALWAR AND OTHERS ....Applicants Versus USHA TALWAR AND ANOTHER .....Respondents 2. TA-863-2025 (O&M) AMITA TALWAR AND OTHERS ....Applicants Versus SUSHIL KUMAR TALWAR .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Arshit Goel, Advocate for the applicant (in both the applications). Ms. Nandiini Gupta, Advocate for respondent No.1 (in both the applications). Ms. Tuneet Walia, Advocate for respondent No.2 (in TA-861-2025). ***** ARCHANA PURI, J. (Oral) At this stage, counsel for respondent No.1 has made a statement that respondent No.1 has no objection, if the transfer application is accepted and the requisite civil suits are transferred from Ludhiana to the court of competent jurisdiction at Jalandhar. Also, counsel for respondent No.2 had given a statement on 07.08.2025, that respondent No.2 has no objection if SONU 2026.02.12 09:00 I attest to the accuracy and authenticity of this document 2 TA-861-2025 (O&M) & TA-863-2025 (O&M) the transfer application is accepted. Similar statement has been made today by the counsel for respondent No.1. Counsel for the parties heard. These are two applications, filed by the applicants, for seeking transfer of the litigation, pending between the parties to the lis. TA-861-2025 has been filed by the applicants for seeking transfer of the civil suit i.e. CS/1270/2025, titled ‘Usha Talwar v/s Amit Talwar and others’, filed by the respondents. TA-863-2025 has been filed by the applicants for seeking transfer of the civil suit i.e. CS/1246/2025, titled ‘Sushil Kumar Talwar v/s Amita Talwar and others’, filed by the respondent. Both the aforesaid cases are pending in the Courts at Ludhiana and the applicants are seeking transfer of the same to the Court of competent jurisdiction at Jalandhar. For the convenience of discussion, the facts shall be referred, as pleaded in TA-861-2025. From the copy of plaint, it is evident that the dispute is between the family members, relating to the property situated at Ludhiana. However, counsel for respondent No.1 has also brought to the notice of the court that the suit property, which forms the basis of the suit, copy whereof is Annexure P-4, also forms part of the litigation, pending between the parties in the courts at Jalandhar, copies whereof are Annexures P-2 and P-3. Also, it is evident from the copies of plaints (Annexures P-2 and P-3) that the parties are members of the same family and there is a family dispute, which also includes the property of the suit, which is now pending in the courts at SONU 2026.02.12 09:00 I attest to the accuracy and authenticity of this document 3 TA-861-2025 (O&M) & TA-863-2025 (O&M) Ludhiana and is sought to be transferred. The suits already pending at Jalandhar are initial in time. Considering the suit property of the civil suit i.e. CS/1270/2025, which is sought to be transferred, to be forming part of the litigation, which is earlier in time, to be already pending in the courts at Jalandhar and therefore, to avoid leading of any overlapping evidence and passing of conflicting judgments, vis-a-vis, the property in question and also in view of the statements made by both the counsel, both the transfer applications are hereby allowed and the civil suit i.e. CS/1270/2025, titled ‘Usha Talwar v/s Amit Talwar and others’, and civil suit i.e. CS/1246/2025, titled ‘Sushil Kumar Talwar v/s Amita Talwar and others’ filed by the respondents, stand transferred from the Courts at Ludhiana, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid cases be sent by the Courts concerned at Ludhiana, to the District and Sessions Judge, Jalandhar. Learned District and Sessions Judge, Jalandhar, shall assign the said cases to the Courts of competent jurisdiction at Jalandhar. Even, the parties are directed to appear before the concerned Court(s), within a period of one month from today onwards. (ARCHANA PURI) 10.02.2026 JUDGE Sonu Saini Whether speaking/reasoned : Yes Whether reportable : Yes/No SONU 2026.02.12 09:00 I attest to the accuracy and authenticity of this document