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A-37
% 9.9.2011
Present: Mr.Sanjay Rathi, Advocate for the petitioner.
Mr.Anand Shailani, Advocate for the respondent no.l.
Mr.Laht Ohlan, Advocate for respondent no.2.
Mr.Sudhansu Tomar, Advocate for respondent no.3.
+Tr.P.(C)No.l6/2011
*
Respondents have been served. There are four Htigations
I
I pending interse between the parties. The first suit is a suit 1for permanent and mandatory i.e. the suit No.404/2008 titled "FLam
Pratap Aggarwal Vs. Ram Kumar". Three other htigation are also pending between the parties. The second suit i.e. suit No.359/2008 titled "Rajender Singh Vs. Ram Prapat Aggarwal" is also a suit for permanent injunction; suit No. 118/2009 titled "Ram Kumar Vs.
Ram Pratap Aggarwal" is a suit for declaration and permanent injunction; forth suit i.e. suit No.156/2010 titled "Harkesh Vs. Ram
Kumar" is yet another suit for declaration and mandatory and
. permanent injunction. The first suit i.e. Suit No.404/2008 is pending in the court of Civil Judge (North District), Tis Hazari court. It is not in dispute that the parties are the same and the subject matter of the suit property is also the same. It is also not in dispute that all the aforenoted suits are triable by the court of Civil
Judge. Learned counsel for the respondents have no objection to the prayer made in the transfer petition. Accordingly the
2011:DHC:19091 aforenoted three suits i.e. suit No.359/2008 "Rajender Singh Vs.
Ram Pratap Aggarwal", Suit No. 118/2009 titled "Ram Kumar Vs.
Ram Pratap Aggarwal" and the third suit i.e. Suit No.156/2010
"Harkesh Vs. Ram Kumar" will be transferred to the court where the first suit i.e. Suit No.404/2008 titled "Ram Pratap Aggarwal Vs.
Ram Kumar" is pending. To implement the aforenoted direction parties are directed to appear before District Judge (Centre), Tis
Hazari Courts at 10.30AM on 19.9.2011 who shall accordingly assign all the cases to the District Judge (North District) who in turn shall ensure that all the cases are marked to the court of Civil
Judge (North District) where the suit No.404/2008 is pending. It is pointed out by the learned counsel for the parties that out of these four suits two are pending in the South-West District (Dwarka
Court). Petition is disposed of in the above terms.
A Copy of this order be sent to District Judge (Central) Tis
Hazari as also to District Judge (South-West) to eiisure compliance.
INDERMEET KAUR> J.
SEPTEMBER 9, 2011 nandan !
2011:DHC:19091
% 9.9.2011
Present: Mr.Sanjay Rathi, Advocate for the petitioner.
Mr.Anand Shailani, Advocate for the respondent no.l.
Mr.Laht Ohlan, Advocate for respondent no.2.
Mr.Sudhansu Tomar, Advocate for respondent no.3.
+Tr.P.(C)No.l6/2011
*
Respondents have been served. There are four Htigations
I
I pending interse between the parties. The first suit is a suit 1for permanent and mandatory i.e. the suit No.404/2008 titled "FLam
Pratap Aggarwal Vs. Ram Kumar". Three other htigation are also pending between the parties. The second suit i.e. suit No.359/2008 titled "Rajender Singh Vs. Ram Prapat Aggarwal" is also a suit for permanent injunction; suit No. 118/2009 titled "Ram Kumar Vs.
Ram Pratap Aggarwal" is a suit for declaration and permanent injunction; forth suit i.e. suit No.156/2010 titled "Harkesh Vs. Ram
Kumar" is yet another suit for declaration and mandatory and
. permanent injunction. The first suit i.e. Suit No.404/2008 is pending in the court of Civil Judge (North District), Tis Hazari court. It is not in dispute that the parties are the same and the subject matter of the suit property is also the same. It is also not in dispute that all the aforenoted suits are triable by the court of Civil
Judge. Learned counsel for the respondents have no objection to the prayer made in the transfer petition. Accordingly the
2011:DHC:19091 aforenoted three suits i.e. suit No.359/2008 "Rajender Singh Vs.
Ram Pratap Aggarwal", Suit No. 118/2009 titled "Ram Kumar Vs.
Ram Pratap Aggarwal" and the third suit i.e. Suit No.156/2010
"Harkesh Vs. Ram Kumar" will be transferred to the court where the first suit i.e. Suit No.404/2008 titled "Ram Pratap Aggarwal Vs.
Ram Kumar" is pending. To implement the aforenoted direction parties are directed to appear before District Judge (Centre), Tis
Hazari Courts at 10.30AM on 19.9.2011 who shall accordingly assign all the cases to the District Judge (North District) who in turn shall ensure that all the cases are marked to the court of Civil
Judge (North District) where the suit No.404/2008 is pending. It is pointed out by the learned counsel for the parties that out of these four suits two are pending in the South-West District (Dwarka
Court). Petition is disposed of in the above terms.
A Copy of this order be sent to District Judge (Central) Tis
Hazari as also to District Judge (South-West) to eiisure compliance.
INDERMEET KAUR> J.
SEPTEMBER 9, 2011 nandan !
2011:DHC:19091
JUDGMENT