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2024 Supreme(J&K) 235

JAVED IQBAL WANI
Joginder Vaid, S/o. Late Sh. Chuni Lal Vaid – Appellant
Versus
Shailender Vaid, S/o. Sh. Joginder Vaid – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.K. Jain, Sr. Advocate with Mr. Pranav Jain.
For the Respondent: Mr. K.D.S. Kotwal.

ORDER :

1. Through the medium of the instant petition filed under Section 24 of the Code of Civil Procedure, the petitioners herein seek transfer of the civil suits titled as “Shailender Vaid Vs. Joginder Vaid and Ors.” from the court of Principal District Judge, Kathua and “Shailender Vaid Vs. Sangeeta Vaid and Ors.” from the court of Munsiff, Chenani to any other court of competent jurisdiction at Jammu.

2. The facts giving rise to the filing of the instant petition reveal that the respondent 1 herein is the son of the petitioners 1 and 2 herein and brother of petitioners 3, 4 and proforma respondent 2 herein.

3. The respondent 1 herein is stated to have filed a suit for partition before the court of Principal District Judge, Kathua with regard to the House bearing No. 179-P situated at Sector 3, Trikuta Nagar, Jammu along with a shop constructed therein the suit house besides a petrol pump run under the name and style of M/s Angad Filing Station situated at Basohli along with petrol tankers attached to the said petrol pump as also of a plot of land bearing No. 80 measuring 1.5 kanals situated at Yard 6, Transport Nagar, Narwal, Jammu.

A decree for permanent prohibitory injunction ha

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