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HIGH COURT OF DELHI
TR.P.(C)5/2009
KRISHNA SAINI Petitioner Tln-ough: Mr.Nalin Tripathi, Advocate.
TR.P.(C)5/2009
KRISHNA SAINI Petitioner Tln-ough: Mr.Nalin Tripathi, Advocate.
VERSUS
CHAMELIDEVI& ORS Respondents
Through : Mr.Alok Kumar and Ms. Manisha Agrawal,Advocates, for Resp.No.2.
Mr.Hameed.S. Shaikh,Advocate,for Resp.No.3.
Through : Mr.Alok Kumar and Ms. Manisha Agrawal,Advocates, for Resp.No.2.
Mr.Hameed.S. Shaikh,Advocate,for Resp.No.3.
CORAM:
HON'BLE MR.JUSTICE S.RAVINDRA BHAT '' ORDER 06.08.2009
Heard counsel for the parties.
The Respondent No.3 filed a suit, heing CS(OS)2I20/I998,impleading the other two respondents,before this Court, claiming partition; a preliminary decree was apparently directed to be drawn in that suit. The petitioner, who claims to be the purchaser from the predecessor-in- interest ofthe first and second defendants had applied for impleadment before this Court hut was not granted relief and was permitted to file a separate suit. He,therefore, filed the present suit before the Addl. District Judge,being Civil Suit No.330/2009 Krishna Saini v. Chameli Devi &
Ors.
^ Learned counsel for the respondents submits that while filing the suit before the Addl.
District Judge, the plaintiff(who is the petitioner in these proceedings) had the discretion to value it appropriately. Having chosen to prefer alower valuation,he caimot now seek transfer of the suit.
The Court has considered the submissions. It is not disputed that one of the properties, \
\ 2009:DHC:14315 r > that is the subject matter ofCS(OS)2120/1998 is the same as in the suit filed by the petitioner and is pending before the Addl. District Judge. Undoubtedly, any order made- even after the preliminary decree but before the final decree,would have an impact on the petitioner's rights,if he has ultimately able to establish it.
In the circumstances,it would be in the interest ofJustice that the suit pending on the file ofthe Addl. District Judge is transferred to this Court. Accordingly, CS(OS)339/2009 Krishna
Saini v. Chameli Devi & Ors., pending on the file of Ms. Ina Malhotra, Addl. District Judge, Patiala House Courts is transferred to the file ofthis Court;it shall be placed along with CS(OS)
M20/1998.The Registry shall ensure that the files are transferred to this Court.
Transfer Petition 5/2009 is allowed in the above terms.
S.RAVINDRA BHAT,J AUGUST 06,2009 'ajk' 2009:DHC:14315
Heard counsel for the parties.
The Respondent No.3 filed a suit, heing CS(OS)2I20/I998,impleading the other two respondents,before this Court, claiming partition; a preliminary decree was apparently directed to be drawn in that suit. The petitioner, who claims to be the purchaser from the predecessor-in- interest ofthe first and second defendants had applied for impleadment before this Court hut was not granted relief and was permitted to file a separate suit. He,therefore, filed the present suit before the Addl. District Judge,being Civil Suit No.330/2009 Krishna Saini v. Chameli Devi &
Ors.
^ Learned counsel for the respondents submits that while filing the suit before the Addl.
District Judge, the plaintiff(who is the petitioner in these proceedings) had the discretion to value it appropriately. Having chosen to prefer alower valuation,he caimot now seek transfer of the suit.
The Court has considered the submissions. It is not disputed that one of the properties, \
\ 2009:DHC:14315 r > that is the subject matter ofCS(OS)2120/1998 is the same as in the suit filed by the petitioner and is pending before the Addl. District Judge. Undoubtedly, any order made- even after the preliminary decree but before the final decree,would have an impact on the petitioner's rights,if he has ultimately able to establish it.
In the circumstances,it would be in the interest ofJustice that the suit pending on the file ofthe Addl. District Judge is transferred to this Court. Accordingly, CS(OS)339/2009 Krishna
Saini v. Chameli Devi & Ors., pending on the file of Ms. Ina Malhotra, Addl. District Judge, Patiala House Courts is transferred to the file ofthis Court;it shall be placed along with CS(OS)
M20/1998.The Registry shall ensure that the files are transferred to this Court.
Transfer Petition 5/2009 is allowed in the above terms.
S.RAVINDRA BHAT,J AUGUST 06,2009 'ajk' 2009:DHC:14315
JUDGMENT