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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.: 460 of 2019

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Date of Decision: 27.11.2019
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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 Versus

Satish 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

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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.

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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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