Full Text
TR.P.(C)42/2011
ASHOK KUMAR OHRI AND ANR Petitioner
Through Mr.Jagjit Singh, Adv.
Through Mr. Samer Mendiratta, Adv.for R-1 & Mr. M.K. Singh, Adv.for R-4/DDA
15.09.2011
ORDER
1. Learned counsel for the parties have been heard on the instant petition under section 24 of the CPC. It appears that Suit No. 133/2008 titled Ashok Kr. Ohri vs. Subhash Sachdev & Ors. seeking the relief of permanent injunction is presently pending in the court of Sh.Amit Kumar, Addl.Senior Civil Judge, Delhi (North). The suit is with regard to the immoveable property bearing no.WZ-4, Main Road, Saraswati Garden, New Delhi.
2. It appears that Execution Case No. 119/2009 entitled Sh. Ashpk Kr. Ohri vs. Yudhvir Khanha & Delhi Development Authority is pending in the court of Sh. Abhilash Malhotra, Civil Judge, West. The dispute in the two cases relates to a property which has been entered as WZ-4, Main Road,Saraswati Garden, New Delhi. However a dispute has 2011:DHC:18444 -2been raised by the Delhi Development Authority with regard to the. khasra no. where this property is located. The Delhi Development Authority has thus filed objections in the execution case challenging the claim of the parties therein with regard to the location of the property.
3. In view of the above, it would appear to be in the interest of justice if both these mattersare placed beforethesame court.
4. Learned counsel appearing for the DDA submits that Suit NO. 133/2008 is atthe stage of recording of evidence. I am informed that Suit No.133/2008 is listed on 19^'September,2011 and the execution case is listed on 19^^ September,2011. All parties in these cases are represented today. in view ofthe above,it is directed asfollows
(i) Fypriition Case 119/2009 entitled Ashok Kr. Ohri vs. Yudhvir
Khanna presently in the cniirf of Sh Ahhiiash Maihotra, Civil judge,. West listed on V"October.2011 shall stand transferred and be listed v^lth <;nit Mn 1TT/2008 entitled Ashok Kr. Ohri vs.Suhhash Sachdev Si Ors. pending in the court of Sh. Amit Kumar, Addi.Senior Civil judge, nplhi(North)listed on 19'^'^ September,2011.
(ii) It has been pointed out that the Ex.Case No. 119/2009 is listed on 7'^ October, 2011.
(iii) The case will be taken up on the datefixed and the record i - 3 thereof shall be transferred to the court of Sh. Amit Kumar,Addl.Senior Civil Judge, Delhi(North)for the same date.
(iv) The parties shall inform the learned Judge in Suit No. 133/2008 of the order passed by this court today.
(v) The cases shall be adjourned and placed for directions on 3 November, 2011.