Indira Devi v. Rajesh Kumar

High Court of Tr · 18 May 2011 · 2011:DHC:18437
J. R. Midha
TR.P.(C) No. 371/2011
2011:DHC:18437
civil appeal_allowed

AI Summary

The Delhi High Court allowed transfer of a suit to the court where a cross suit involving the same parties and property was pending, to enable both suits to be tried together.

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THE HIGH COURT OF
TR.P.(C) 37l20tt
INDIRA DEVI
DELHI AT NEW DELHI..;.. Petitioner
Ms. Babli Kala, Adv.
'E
Through :
VCTSUS
MJESH KUMAR & ANR
Through : None. ..... ResPondents
CORAM:
HON'BLE MR. JUSTICE J'R' MIDHA
% L8.O5.20l'L
ORDER

1. There is no appearance on behalf of the respondents despite service.

2. The petitioner is seeking transfer of suit bearing No.646/2009 titled Rajesh Kumar v. Indira Devi pending in the court of shri sudesh Kumar, ACJ-CUM-RC, North west, Rohini, Delhi to the Court of Ms. Aditi Garg, Civil Judge, North' Tis Hazari, Delhi where suit bearing No.I4|2OO[7] titled lndira Devi V.RajeshKumarispending.Boththesuitspertaintothe same property bearing No'A-338, Mangolpuri' J'J' Colony' Delhi between the same parties. In fact they are cross suits' first suit has been filed by the petitioner against the respondents whereas the second suit has been filed by the respondents agai nst the petitioner' TR.P.(C)No,3712011 'a 2011:DHC:18437 '1 rp

3. In the facts and circumstances of this case, the transfer petition is allowed and the suit bearing No.646/2009 titled Rajesh Kumar v. lndira Devi pending in the Court of Shri sudesh Kumar, ACJ-CUM-RC, North west, Rohini, Delhi is transferred to the Court of Ms. Aditi Garg, Civil Judge, North, Tis Hazari, Delhi to be tried along with suit bearing No.1412007 titled lndira Devi v. Rajesh Kumar'

4. The petition stands disPosed of'

5. copy of this order be sent to both the courts below.

6. Copy of this order be given 'Dasti' to learned counsel for the petitioner under signaiure of Court Master' '/l n \aafiw,.[4] | \ lUru- r. \t-V- --' J.R. MIDHA, J MAY 18, 201L mk TR,P.(C)No.3712011 { *f,