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Dr. Rosi Kapil vs Dr. Suresh Kumar on 12 December, 2019

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.: 342 of 2019

.
Decided on: 12.12.2019.

Dr. Rosi Kapil ….Petitioner.

Versus

Dr. Suresh Kumar …Respondent.
Coram

The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Naresh K. Sharma, Advocate.

For the respondent Mr. P.R. Patial, Advocate vice Mr.
:

Ritesh Bhardwaj.
Ajay Mohan Goel, Judge (Oral)

By way of this petition filed under SectionArticle 227 of

the Constitution of India, following prayer has been made:-

“It is, therefore, respectfully prayed that this

petition may kindly be allowed and the case No.

H.M.A. 02/2018 titled as Dr. Suresh Kumar v/s Dr.

Rosi Kapil, and petition under Section 7/10 of the

Guardian and Ward Act 1890 being Case No. 3/2018

as well as application under Section 12 of the

Guardian and SectionWards Act 1990 being Civil Misc.

Application No. 128/2019, filed by the respondent

12/12/2019 20:42:54 :::HCHP
pending before the Ld. Civil Judge (Senior Division),

Court No. 1, Sarkaghat, District Mandi, H.P. and is

.

now listed on 30.07.2019, may kindly be ordered to

be transferred from the Court of Ld. Civil Judge

(Senior Division), Court No. 1, Sarkaghat, District

Mandi, H.P. to Ld. Civil Judge (Sr. Division),

Ghumarwin, District Bilaspur, H.P. in the interest of

2.

justice and fair play.”

A perusal of the prayer so made in the present

petition itself demonstrates that the present petition is not

maintainable as the petitioner cannot be permitted, by way of

a single petition filed under SectionArticle 227 of the Constitution of

India, to approach this Court praying for relief in two different

and distinct cases pending before the learned Courts below,

may be between the same parties. Accordingly, instant

petition is dismissed, however, with liberty to the petitioner, if

she so intends to move appropriate independent petition in

each case.

The petition stands disposed of in above terms, so

also pending miscellaneous application(s), if any.

(Ajay Mohan Goel)
Judge
December 12, 2019
(narender)

12/12/2019 20:42:54 :::HCHP

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