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2026 DAILYLAW 26537 (PNJ)

SARITA GUPTA v. NISHA RANI AND OTHERS

CR/4970/2026 · 2026-07-03

Harsh Bunger

body2026

Judgment text

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CR-4970-2026 (O/M) -1- 2026:PHHC:090170 128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4970-2026 (O/M) Date of decision : 03.07.2026 Sarita Gupta ...... Petitioner Versus Nisha Rani and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Ms. Aayushi, Advocate for Mr. Ashwani Vaishnav, Advocate for the petitioner. -.- -.- HARSH BUNGER, J. (ORAL) 1. Prayer in this revision petition filed under Article 227 of Constitution of India, inter alia, is for setting aside order dated 27.05.2026 (Annexure P-1), passed by learned District Judge, Kurukshetra in Transfer Application No. TA/25/2026, titled as 'Sarita Gupta Versus Nisha Rani and others'. 2. Briefly, petitioner (Sarita Gupta) and respondents No. 1 to 3 herein are stated to be co-sharers in the suit property. It appears that there are various civil suits and other cases pending between the petitioner (Sarita Gupta) and respondents No. 1 to 3. 2.1 It transpires that petitioner (Sarita Gupta) filed a Transfer Application No. TA/25/2026 before the Court of learned District Judge, SANJIV KUMAR SHARMA 2026.07.07 11:36 I attest to the accuracy and integrity of this document CR-4970-2026 (O/M) -2- 2026:PHHC:090170 Kurukshetra; wherein she sought transfer of following cases to one Court of learned Civil Judge, Kurukshetra : (i) CS/1479/2023 titled as 'Vishwjeet Singh Versus Chander Kali and others', pending in the Court of Ms. Saravpreet Kaur, Ld. Additional Civil Judge, Kurukshetra ; (ii) CM/36/2025 titled as 'Sarita Gupta Versus Neetu @ Nisha', pending in the Court of Ms. Saravpreet Kaur, Ld. Additional Civil Judge, Kurukshetra ; (iii) CS/662/2023 titled as 'Sarita Gupta Versus Neetu @ Nisha', pending in the Court of Sh. Omesh, Ld. Civil Judge, Kurukshetra ; (iv) CS/120/2024 titled as 'Gurcharan Singh Versus Executive Engineer', pending in the Court of Sh. Omesh, Ld. Civil Judge, Kurukshetra ; (v) CS/129/2018 titled as 'Gurjeet Singh Versus Nisha Rani', pending in the Court of Sh. Davender, Ld. Civil Judge, Kurukshetra ; (vi) CS/1047/2025 titled as 'Gurcharan Singh Versus Sarita Gupta', pending in the Court of Ms. Anmol Kakkar, Ld. Civil Judge, Kurukshetra ; and (vii) CS/1148/2025 titled as 'Gurcharan Singh Versus Nisha Rani', pending in the Court of Ms. Anmol Kakkar, Ld. Civil Judge, Kurukshetra. 2.2 Respondents herein appeared in the aforesaid transfer application and contested the same. SANJIV KUMAR SHARMA 2026.07.07 11:36 I attest to the accuracy and integrity of this document CR-4970-2026 (O/M) -3- 2026:PHHC:090170 2.3 Learned District Judge, Kurukshetra, after considering the matter, disposed of Transfer Application No. TA/25/2026 (Annexure P-3), vide order dated 27.05.2026 (Annexure P-1) by observing as under :- “5. As per the record, earlier one Om Parkash son of Kundan Lal was owner of the property i.e. 134.4 Sq. Yards i.e. 4 Marlas 4 Sarsai, being 40/360 share, out of total land measuring 2K-0M, situated at Darra Kalan, Tehsil Thanesar, District Kurukshetra, who had sold the said property to different vendees including applicant Sarita and respondent Nisha etc. Respondent Nisha had allegedly further sold her share to respondent Gurcharan Singh. However, applicant has alleged that respondent No. 2 Gurcharan Singh along with his son Vishavjeet (respondent No. 3) has forged agreements to sell pertaining to the suit property and on the basis of the said forged agreements filed civil suits in different courts. CM No. 36/2025 (contempt petition) is offshoot of the Civil Suit No. 662/2023, being filed for violation of the interim injunction order passed in said suit. Thus, from the record it is clear that in Civil Suits mentioned at Sr. No. 1, 2, 3, 6 and 7 i.e. bearing CS Nos. 129/2018, No. 662/2023, No. 1479/2023, No. 1047/2025 and No. 1148/2025, the suit property involved is similar being part and parcel of the plot owned by Om Parkash son of Kundan Lal and disputes are between original vendees as well as subsequent vendees regarding the same property. Civil Suit No. 120/2024 has been filed by plaintiff Gurcharan Singh against Executive Engineer, UHBVNL, Kurukshetra for shifting of meter from the pole installed in front of the property of plaintiff, thus, neither the cause of action nor parties therein are the similar to other civil cases mentioned above. So, keeping in view the totality of facts and circumstances of the cases, as also to avoid conflicting judgments, it would be appropriate and in SANJIV KUMAR SHARMA 2026.07.07 11:36 I attest to the accuracy and integrity of this document CR-4970-2026 (O/M) -4- 2026:PHHC:090170 the fitness of things, if all the civil cases (except CS No. 120/2024) are tried and decided by one Court. Accordingly, Transfer Application bearing No.25/2026 is allowed. The above mentioned civil suits No. 1479/2023, No. 662/2023, No. 1047/2025, No. 1148/2025 and CM No. 36/2025 are withdrawn from their respective courts and are transferred to Court of Shri Davender, learned Civil Judge (Sr. Div.), Kurukshetra, where Civil Suit No. 129/2018 is pending, which is oldest one, for disposal in accordance with law. Files be sent to the transferee Court forthwith after requisite compliance. Copy of this order be sent to the Courts concerned for information and compliance. Transfer application file be consigned to records.” 2.4 Evidently, out of aforesaid seven cases, learned District Judge, Kurukshetra, has transferred six cases (except Civil Suit No. 120 of 2024) to one Court. 2.5 Feeling aggrieved against non transfer of one civil case i.e. Civil Suit No. 120/2024, petitioner (Sarita Gupta) has preferred this revision petition before this Court. 3. I have heard learned counsel for petitioner and perused the paperbook with her able assistance. 4. The prayer of the petitioner for seeking transfer of seven separate civil suits to one Court has been allowed by learned District Judge, Kurukshetra, vide order dated 27.05.2026 (Annexure P-1) as out of seven civil suits, six civil suits stand transferred. Only one civil suit (CS/120/2024) has not been transferred and the reasoning thereof has been recorded in the order to the effect that the said civil suit (CS/120/2024) has been filed by one Gurcharan Singh (respondent No. 2 herein) against Executive Engineer, UHBVNL, Kurukshetra for shifting SANJIV KUMAR SHARMA 2026.07.07 11:36 I attest to the accuracy and integrity of this document CR-4970-2026 (O/M) -5- 2026:PHHC:090170 of meter pole installed in front of property of petitioner (Sarita Gupta). It has been observed that neither the cause of action nor the parties in the said civil suit are similar to other six civil cases, regarding which the transfer was sought. Barring the aforesaid civil suit (CS/120/2024), all other civil matters stand transferred to the Court of Shri Davender, learned Civil Judge (Senior Division), Kurukshetra, where one of civil suit i.e. CS-129-2018 was already pending, for disposal in accordance with law. 5. Learned counsel for petitioner has failed to put-forth any plausible reason to justify the non-transfer of civil suit (CS/120/2024). 6. I have gone through the reasoning rendered by learned District Judge, Kurukshetra in excluding civil suit (CS/120/2024) from being transferred alongwith other six civil cases and I see no reason to differ from the same. The reasoning for not transferring the civil suit (CS/120/2024) is completely justified and in order. 7. In view of the above, I see no merit in this revision petition and same is accordingly dismissed. 8. Pending application (s), if any, shall also stand closed. (HARSH BUNGER) JUDGE 03.07.2026 sjks Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SANJIV KUMAR SHARMA 2026.07.07 11:36 I attest to the accuracy and integrity of this document