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$- HIGH COURT OF DELHI
TR.P.(C) 52/2011
RISHABH KOHLI(MINOR) Petitioner
Through Mr. Arvind Gupta, Adv. with Mr. Parkash, Adv.
$- HIGH COURT OF DELHI
TR.P.(C) 52/2011
RISHABH KOHLI(MINOR) Petitioner
Through Mr. Arvind Gupta, Adv. with Mr. Parkash, Adv.
VERSUS
RAJESH KOHLI & ORS Respondents
Through Mr. G. Pal Singh, Adv. for D-1.
Mr. Flarish Maihotra, Adv. with Mr. Jatan Singh, Adv.
Through Mr. G. Pal Singh, Adv. for D-1.
Mr. Flarish Maihotra, Adv. with Mr. Jatan Singh, Adv.
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
15.07.2011 IA No.10929/2011 (Under Order 32 Rule 3 CPC)
This application has been filed under Order 32 Rule 3 of the CPC for appointment of a guardian ad litem of the petitioner who is a minor.
The application has been filed by Smt. Poonam Kohli, mother of the petitioner whose father has unfortunately expired. It is urged that the Smt. Poonam Kohli, mother of the petitioner has no interest adverse to that of the minor in the present case.
In view of the above, Smt. Poonam Kohli is appointed as the guardian ad litem of the petitioner for the purposes of the present case.
IA No.10930/2011 Allowed, subject to just exceptions.
2011:DHC:18439 Trp. No.52/2011 - 2- V Notice.
Mr. G.P. Singh, Advocate on behalf of respondent no.1 and Mr. Jatan Singh, Advocate on behalf of respondent nos.2 to 4 accept notice.
Learned counsels for the respondents submit that having regard to the nature of the prayer made in this application, no reply is necessary. It is further submitted that the respondents have no objection to the grant of the prayer made in this petition.
The petition has been filed by the petitioner pointing out that Civil
Suit No.1327/2011 entitled Rishabh Kohli (Minor) Vs. Rajesh Kohli & Ors. is pending in this court and an interim order of injunction has been passed.
Civil Suit bearing no.19/2010 also titled Rishabh Kohli (Minor) Vs.
Rajesh Kohli is pending before Shri Kamlesh Kumar, Additional Principal
Judge, Family Courts, Rohini Court Complex, Delhi and relates to the same property. A prayer has been made that the same be transferred
.. and be consolidated with Civil Suit No.1327/2011 which is fixed for hearing on 111h November, 2011.
It is submitted by Mr. Harish Malhotra, learned senior counsel appearing for the respondents as well as Mr. G.P. Singh, learned counsel for the respondent no.1 that the respondents are urging a bar to the maintainability of Suit No.19/2010. It is submitted that in view of the pendency of CS (OS) No.1327/2011 in this court where all reliefs have
-3- been sought.
This objection would be considered upon receipt of the record of the earlier suit from the District Court.
15.07.2011 IA No.10929/2011 (Under Order 32 Rule 3 CPC)
This application has been filed under Order 32 Rule 3 of the CPC for appointment of a guardian ad litem of the petitioner who is a minor.
The application has been filed by Smt. Poonam Kohli, mother of the petitioner whose father has unfortunately expired. It is urged that the Smt. Poonam Kohli, mother of the petitioner has no interest adverse to that of the minor in the present case.
In view of the above, Smt. Poonam Kohli is appointed as the guardian ad litem of the petitioner for the purposes of the present case.
IA No.10930/2011 Allowed, subject to just exceptions.
2011:DHC:18439 Trp. No.52/2011 - 2- V Notice.
Mr. G.P. Singh, Advocate on behalf of respondent no.1 and Mr. Jatan Singh, Advocate on behalf of respondent nos.2 to 4 accept notice.
Learned counsels for the respondents submit that having regard to the nature of the prayer made in this application, no reply is necessary. It is further submitted that the respondents have no objection to the grant of the prayer made in this petition.
The petition has been filed by the petitioner pointing out that Civil
Suit No.1327/2011 entitled Rishabh Kohli (Minor) Vs. Rajesh Kohli & Ors. is pending in this court and an interim order of injunction has been passed.
Civil Suit bearing no.19/2010 also titled Rishabh Kohli (Minor) Vs.
Rajesh Kohli is pending before Shri Kamlesh Kumar, Additional Principal
Judge, Family Courts, Rohini Court Complex, Delhi and relates to the same property. A prayer has been made that the same be transferred
.. and be consolidated with Civil Suit No.1327/2011 which is fixed for hearing on 111h November, 2011.
It is submitted by Mr. Harish Malhotra, learned senior counsel appearing for the respondents as well as Mr. G.P. Singh, learned counsel for the respondent no.1 that the respondents are urging a bar to the maintainability of Suit No.19/2010. It is submitted that in view of the pendency of CS (OS) No.1327/2011 in this court where all reliefs have
-3- been sought.
This objection would be considered upon receipt of the record of the earlier suit from the District Court.
ORDER
9. The above narration would show that there can possibly be no objection to the transfer of the case to be listed along with Suit No.1327/2011. Accordingly, it is directed as follows:-
(i) Civil Suit bearing no.19/2010 entitled Rishabh Kohli (Minor) Vs.
Rajesh Kumar & Ors. pending before the court of Shri Kamlesh Kumar, Additional Principal Judge, Family Courts, Rohini, Delhi, shall stand transferred to this court and will be listed with CS (OS) No.1327/2011 on 11th November, 2011. This petition is allowed in the above terms. Dasti. GA MWFAti S JULY 15, 2011 aa