JYOTIRMOY CHAKRABORTY Vs. ANIRBAN CHAKRABORTY

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure filed by one Jyotirmoy Chakraborty, plaintiff of Title Suit No.151 of 2015 presently pending before the learned Civil Judge (Junior Division), 1st Court of Nadia to any court of competent jurisdiction at Alipore in the district of South 24 Parganas. The opposite parties are the grand-son and the eldest son of the petitioner respectively.

(2.) Factual background leading to the filing of the application to transfer the above mentioned suit is as follows:-

(3.) The plaintiff/petitioner was executed a deed of gift on 25th May, 2017 in favour of opposite party No.1 in respect of premises No.24 Amlakitala Lane, Ranaghat. In the year 2017 the petitioner seriously suffering from heart disease and he had to undergo bypass surgery on 31st March, 2017. To his utter dismay, the petitioner found that immediately after execution of the said deed of gift, the opposite parties started behaving with him and his wife with cruelty. The petitioner had to leave his ancestral house on 21st September, 2017. Subsequently, he filed the above mentioned suit for cancellation of the said deed of gift executed by him in favour of opposite party No.1. After the petitioner being compelled to leave his house at Premises No.24, Amlakitala Lane, Ranaghat, he takes shelter in his younger son's house at Premises No.3/218 Vidyasagar Colony within P.S Netajinagar, Naktala, Kolkata. Due to old age and various diseases, it is not possible for the petitioner to attend the court of the learned Civil Judge (Junior Division) at Ranaghat, Nadia to conduct the said suit. The wife of the petitioner is also aged about 72 years and she is also not in a position to travel alone to attend proceedings of the said suit. If the petitioner is compelled to conduct the said suit at Ranaghat, he will have to travel approximately for about three hours from his present residence to reach Ranaghat Court. On the other hand, the court of Civil Judge (Junior Division) at Alipore is situated at a distance of about 9.4 k.m away from Naktala and it takes about 38 minutes to reach Alipore Court by public conveyance. Therefore, the petitioner has prayed for transferring the above mentioned suit from Ranaghat to Kolkata.