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A-33
% 01.8.2011
Present: Mr.K.Sunil, Advocate for the petitioner.
Mr.Naresh Talwar, Advocate for respondent.
+Tr.P.(C) No.56/2009
*
Learned counsel for the petitioner states that the suit
No.107/2009 titled Shree Shrdiva Durqa Pooja SamHi (Reqd.) Vs.
Mithila Shardiva Durqa Pooja Samit (Reqd.) which is pending at
Rohini Court has since been dismissed in default on 16.02.2011; as on date no suit is pending before the Rohini Court. Two suits are pending at Tis Hazari Court; one before the Court of Ms.Vandana, Civil Judge, Suit No.657/2008 titled Mithila Shardiva Durqa Pooja
Samit (Reqd.) Vs. Ashok Kumar Sinqh has been filed by the respondent; it is a suit for permanent injunction; second suit i.e the
Suit No.514/2007 titled Shree Shrdiva Durqa Pooja Samiti (Reqd.)
Vs. Mithila Shardiva Durqa Pooja Samit (Reqd.) has been filed by the petitioner is pending before the court of Sidharth Sharma, Civil
Judge; this is also a suit for permanent and mandatory injunction.
Suit property is the same property and the parties are also the same. Suit No.657/2008 which has been filed later in time be clubbed with suit No.514/2007 filed prior in time. Both the suit are consolidated to avoid multiplicity of litigation. Both the counsel for the parties also agree to this.
2011:DHC:19071
Parties are directed to appear before District Judge (Central)1 on 08.8.2011 at 10.30 AM to assign the Suit No.657/2008 to the court where suit no.514/2007 is pending.
Transfer petition is disposed of.
AUGUST 01, 2011 nandan
INDERMEET KAUR, J.
2011:DHC:19071
% 01.8.2011
Present: Mr.K.Sunil, Advocate for the petitioner.
Mr.Naresh Talwar, Advocate for respondent.
+Tr.P.(C) No.56/2009
*
Learned counsel for the petitioner states that the suit
No.107/2009 titled Shree Shrdiva Durqa Pooja SamHi (Reqd.) Vs.
Mithila Shardiva Durqa Pooja Samit (Reqd.) which is pending at
Rohini Court has since been dismissed in default on 16.02.2011; as on date no suit is pending before the Rohini Court. Two suits are pending at Tis Hazari Court; one before the Court of Ms.Vandana, Civil Judge, Suit No.657/2008 titled Mithila Shardiva Durqa Pooja
Samit (Reqd.) Vs. Ashok Kumar Sinqh has been filed by the respondent; it is a suit for permanent injunction; second suit i.e the
Suit No.514/2007 titled Shree Shrdiva Durqa Pooja Samiti (Reqd.)
Vs. Mithila Shardiva Durqa Pooja Samit (Reqd.) has been filed by the petitioner is pending before the court of Sidharth Sharma, Civil
Judge; this is also a suit for permanent and mandatory injunction.
Suit property is the same property and the parties are also the same. Suit No.657/2008 which has been filed later in time be clubbed with suit No.514/2007 filed prior in time. Both the suit are consolidated to avoid multiplicity of litigation. Both the counsel for the parties also agree to this.
2011:DHC:19071
Parties are directed to appear before District Judge (Central)1 on 08.8.2011 at 10.30 AM to assign the Suit No.657/2008 to the court where suit no.514/2007 is pending.
Transfer petition is disposed of.
AUGUST 01, 2011 nandan
INDERMEET KAUR, J.
2011:DHC:19071
JUDGMENT