HEMANT GUPTA, J. - (1.) THE petitioners have sought transfer of civil appeal titled as "Parkash and another v. Sat Pal Singh and another" pending before Additional District Judge, Newanshahr to the District Judge Ludhiana on account of transfer of Hadbast No. 458 of village Sikkanderpur, Tehsil Balachaur, District Hoshiarpur to Tehsil Samrala, District Ludhiana.
(2.) THE petitioners have filed a suit for declaration to the effect that the petitioners are owner in possession of land measuring 37 kanals 14 marlas. The said suit was dismissed on 17.11.1995 by the Court of the learned Civil Sub Judge, Balachaur. While dismissing the suit, the counter claim filed by the respondents, was decreed. Aggrieved against the judgment and decree passed by the learned trial Court, an appeal was filed before the learned District Judge Hoshiarpur. A new district Nawanshahr was created by the State of Punjab. The area of Tehsil Balachaur in which the subject property was situated stood transferred to District Nawanshahr. In view of the said transfer the appeal filed by the petitioners was transferred to the Additional District Judge, Nawanshahr, vide order dated 14.5.1999. It is the grievance of the petitioners that village Sikkanderpur stands transferred to Tehsil Samrala, District Ludhiana, and, therefore, the appeal arising out of the said village is required to be decided by the District Judge in District Ludhiana. The petitioners have sought transfer to District Ludhiana on this ground alone. It has been held by a Division Bench of this Court in Civil Writ Petition No. 11499 of 1004 in Courts on its own motion v. State of Punjab (decided on 15.12.2005) that in terms of Section 96 of the Code of Civil Procedure, an appeal would lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear the appeals from the decision of such Court. In the present case, it is the Additional District Judge, Nawanshahr, who is authorised to hear the appeal from the decision of the Balachaur Courts. The petitioners are not entitled to seek transfer of the appeal, merely on the ground that now their village falls within the different revenue estate. Hence, the present petition is dismissed. Petition dismissed.;