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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.: 460 of 2019
.
Date of Decision: 27.11.2019
_
Mr. Satish Kumar and another ….Petitioners.
Vs.
Pardeep Kumar …..Respondent.
Coram:
The Hon’ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1 No.
For the petitioners:
r Mr. Naresh Sharma, Advocate.
For the respondent: Mr. Neel Kamal Sharma, Advocate.
Ajay Mohan Goel, Judge (Oral):
By way of this petition, the petitioners have prayed for
the following relief:
“It is, therefore, prayed that in view of above facts
and circumstances, the application registered as
Case No. 2/18 entitled Pardeep Kumar VersusSatish Kumar and another may be transferred to
the Court of Civil Judge, Senior Division, Dehra or
any other Court situated at Dharamshala, H.P.
having jurisdiction to try and determine the same in
the interest of justice.”
1Whether the reporters of the local papers may be allowed to see the Judgment?
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2. Brief facts necessary for the adjudication of the present
petition are that respondent before this Court has initiated proceedings
.
under the provisions of the Guardian and SectionWards Act, 1890, which are
presently pending adjudication before the Court of learned Senior Civil
Judge, Nadaun, District Hamirpur, H.P. Petitioners herein are
respondents in the said proceedings. By way of this petition, the
petitioners are praying for transfer of the said proceedings to Dehra or
any other Court at Dharamshala in District Kangra on the ground that
they are senior citizens and have been threatened with dire consequences
by the respondent, if they were to oppose him, taking benefit of the fact
that he is a local resident of Tehsil Nadaun, District Hamirpur.
3. At this stage, learned counsel for the respondent
submits that though no such threat have been meted out by the
respondent, as alleged, however, to show his bonafides, respondent
volunteers that let this petition be allowed and the matter be ordered to
be heard by the appropriate Court at Dharamshala, District Kangra.
4. Learned counsel for the petitioner submits that the
petition be disposed of by ordering the transfer of the case to the
appropriate Court at Dharamshala.
5. Accordingly, this petition is disposed of with the
direction that Case No. 2/2018, titled as Pardeep Kumar Vs. Mr. Satish
Kumar and another, filed under the provisions of Sections 8 10 of the
Guardian and Wards Act, 1890, which is presently pending adjudication
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in the Court of learned Senior Civil Judge, Nadaun, District Hamirpur,
H.P., is ordered to be transferred to Dharamshala, District Kangra, H.P.
.
The case be placed before the learned District Sessions Judge, Kangra
at Dharamshala, who shall thereafter pass appropriate orders on
administrative side with regard to listing of the case before the
appropriate Court at Dharamshala.
The petition stands disposed of in above terms, so also
pending miscellaneous applications, if any.
Copy dasti.
(Ajay Mohan Goel)
Judge
November 27, 2019
(bhupender)
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