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A-35
% 29.7.2011
Present: Mr.Rohit Gandhi, Advocate for the petitioner.
Mr.Amit Sarkar, Advocate for respondent no.l.
+Tr.P.(C) No.12/2011
*
Admittedly there are two suits pending between the parties.
Subject matter of both the suits are the same. Parties are also the same.
One suit i.e. Suit No.243/2010 titled Vishwanath Mandal Vs. Suit. Seema
Mandal & Ors. is pending in the Court of Shri Yogesh Khanna, ADJ
(North -West), Rohini Court; this is a suit for declaration, cancellation, possession and permanent injunction. Second suit pending in the Court of Vikram, Civil Judge North), at Tis Hazari in is Suit No.88/2010 titled
Kashinath Mandal Vs. Vishwanath Mandal: which is a suit for possession, damages and permanent injunction.
To avoid multiphcity of litigation, conflict of
% 29.7.2011
Present: Mr.Rohit Gandhi, Advocate for the petitioner.
Mr.Amit Sarkar, Advocate for respondent no.l.
+Tr.P.(C) No.12/2011
*
Admittedly there are two suits pending between the parties.
Subject matter of both the suits are the same. Parties are also the same.
One suit i.e. Suit No.243/2010 titled Vishwanath Mandal Vs. Suit. Seema
Mandal & Ors. is pending in the Court of Shri Yogesh Khanna, ADJ
(North -West), Rohini Court; this is a suit for declaration, cancellation, possession and permanent injunction. Second suit pending in the Court of Vikram, Civil Judge North), at Tis Hazari in is Suit No.88/2010 titled
Kashinath Mandal Vs. Vishwanath Mandal: which is a suit for possession, damages and permanent injunction.
To avoid multiphcity of litigation, conflict of
JUDGMENT
as also in the interest of both the parties both the suit be tried by the same court.
It has accordingly been agreed that the suit at Rohini be transferred to the Tis Hazari Courts. The suit which is pending in the Rohini Court is within the competent jurisdiction of the ADJ; both the suits be tagged together and will be heard by ADJ Court at Tis Hazari. Parties are directed to appear before Ld.District Judge (North) on 08.8.2011 at 10.30
AM; who will assign it to the court of ADJ, Tis Hazari who shall try both the aforenoted suits.
Petition is allowed in the above terms.
INDERMEET KAUR, J.
JULY 29, 2011
2011:DHC:19070
It has accordingly been agreed that the suit at Rohini be transferred to the Tis Hazari Courts. The suit which is pending in the Rohini Court is within the competent jurisdiction of the ADJ; both the suits be tagged together and will be heard by ADJ Court at Tis Hazari. Parties are directed to appear before Ld.District Judge (North) on 08.8.2011 at 10.30
AM; who will assign it to the court of ADJ, Tis Hazari who shall try both the aforenoted suits.
Petition is allowed in the above terms.
INDERMEET KAUR, J.
JULY 29, 2011
2011:DHC:19070