Full Text
TR.P.(C.)69/2015
KALAWATI Petitioner
Through: Mr.S.K.Sharma,Advocate.
Through: Mr.Jawahar Chawla,Advocate.
AMAR NATH Petitioner
Through: Mr.S.K.Sharma,Advocate.
Through: Mr.Jawahar Chawla,Advocate.
05.11.2015 TR.P.(C)No.69/2015 TR.P.(C1 No.70/2015
ORDER
1. By filing these two transfer petition i.e. TR.P.(C) No.69/2015 and TR.P.(C) No.70/2015, the petitioners have prayed for transferring the two execution petitions bearing Ex.No.31/2014 titled as 'Smt.Lalita vj-. Smt.Kalawati'and Ex.No.32/2014 titled as 'Yogesh KumarSharma vs. TR.P. (C)Nos.69& 70of2015 Page 1 of[4] 2015:DHC:11802 Amar Nath' both pending in the Court of Ms.Rachna Tiwari Lakhanpal, Senior Civil Judge, West District,Tis Hazari Courts,Delhito the competent Courtin Central District,Tis Hazari Courts,Delhi.
2. Heard learned counselfor the parties.
3. Mr.Jawahar Chawla, Advocate for the respondents submits that,the two suits i.e. Civil Suit Nos.93/2010 and 1072/2010 instituted by the respondents against the petitioners were filed prior to division ofDelhi into nine Civil Districts. The said two civil suits were pending in the Central District and have been decreed by the Court in Central District. However, the execution petitions i.e. Ex.Nos.31/2014 and 32/2014 preferred against thejudgments passed in the two civil suits were transferred to West District and transfer certificates to that effect were issued. Thereafter the petitioners herein filed appeals i.e. RCA Nos.63/2014 and 49/2014 in North-West District without territorial jurisdiction being vested in that Court. Mr.Jawahar Chawla,learned counsel for the respondents has referred to the order dated 30.06.20ISpassed by this Court in RSA Nos.138/2015 & 139/2015 whereby the two appeals bearing RCA Nos.63/2014 and 49/2014 were transferred to the Court oflearned District Judge, Central District, Tis Hazari Court where they are pending as on date. Learned counsel for the respondents submits that the entire purpose of the petitioners is to cause delay.
4. Mr.Jawahar Chawla,Advocate for the respondents submits that since the judgment and decree have been passed by the Court in Central District and the appeals are also pending in Central District, he has no objection if both the execution petitions bearing Ex.No.31/2014 titled as 'Smt.Lalita vs. Smt.Kalawati'and Ex.No.32/2014 titled as 'Yogesh KumarSharma vs. TR.P. (C)Nos.69& 70of20]5 Page 2of[4] Amar Nath' both pending in the Court of Ms.Rachna Tiwari Lakhanpal, Senior Civil Judge,West District,Tis Hazari Courts,Delhi are transferred to the competent Courtin Central District,Tis Hazari Courts,Delhi.
5. In view of the submissions made by learned counsel for the parties, both the execution petitions i.e. Ex.No.31/2014 titled as 'Smt.Lalita vs. Smt.Kalawati' and Ex.No.32/2014 titled as 'Yogesh Kumar Sharma vs. Amar Nath'are withdrawn from the Court ofMs.Rachna Tiwari Lakhanpal, Senior Civil Judge, West District, Tis Hazari Courts, Delhi and transferred to the Central District,Tis Hazari Courts,Delhi.
6. It is informed by learned counsel for the parties that execution petitions are listed before the Executing Courton 28"^November,2015.
7. The Executing Court is directed to send the files ofboth the execution petitions i.e. Ex.No.31/2014 titled as 'Smt.Lalita V[5]. Smt.Kalawati' and Ex.No.32/2014 titled as 'Yogesh KumarSharma v^'. AmarNath'to the Court of learned District Judge, Central District, Tis Hazari Court on or before 28.11.2015.
8. Parties are directed to appear before the learned District Judge, Central District, Tis Hazari Courts,Delhi on 28.11.2015.
9. Learned District Judge, Central District, Tis Hazari Court is directed to assign the two execution petition i.e. Ex.No.31/2014 titled as 'Smt.Lalita vj'. Smt.Kalawati' and Ex.No.32/2014 titled as 'Yogesh Kumar Sharma vs. Amar Nath'to the competent Court in Central District having jurisdiction over the matters.
10. Copy of this order be sent to the Executing Court through learned District Judge, WestDistrict,Tis Hazari Courts,Delhi and also to the Court TR.P. (C)Nos.69& 70of2015 Page 3of[4] n of learned District Judge, Central District, Tis Hazari Courts Delhi for compliance.
11. A copy of this order be also given dasti to learned counsel for the parties. CM No.21301/2015 in TR.P.rC^ No.69/2015 CM No.21308/2015 in TR.P.rC)No.70/2015 Dismissed as infructuous.
NOVEMBER 05,2015 'st' ^RATIBHA TR.P.