Ashok Kumar Bhola v. State of NCT of Delhi

Delhi High Court · 16 Feb 2024 · 2024:DHC:1220
C. Hari Shankar
TR.P.(C.) 28/2024
2024:DHC:1220
civil appeal_allowed

AI Summary

The Delhi High Court allowed the transfer of a probate case filed in an incorrect territorial jurisdiction to the competent court, directing the case to proceed from its current stage.

Full Text
Translation output
TR.P.(C.) 28/2024
HIGH COURT OF DELHI
TR.P.(C.) 28/2024
SH ASHOK KUMAR BHOLA ..... Petitioner
Through: Mr. Tarun Kumar Tiwari, Adv.
WITH
Mr. S.P. Gupta, Advs.
VERSUS
STATE OF NCT OF DELHI. & ORS ..... Respondents
Through: Mr. Udit Malik, ASC
WITH
Mr. Vishal Chanda, Advs. for R-1
Vinod Kumar Bhola (R-3) in person
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L)
16.02.2024
JUDGMENT

1. By this petition, the petitioner in Probate Case 36/2023 (Ashok Kumar Bhola v. State of NCT of Delhi) seeks transfer of the Probate Case from the court of the learned Additional District Judge, South- East, District Saket, to the competent court in the South District, Saket.

2. It is submitted by Mr. Tarun Kumar Tiwari, learned Counsel for the petitioner, that the probate case was inadvertently filed before the learned District Judge, South-East, District, Saket.

3. Mr. Vinod Kumar Bhola, who appears in person, represents Respondents 2 and 3. Respondent 1 is State of NCT of Delhi, which TR.P.(C.) 28/2024 is represented by Mr. Udit Malik, learned ASC. Learned Counsel for the respondents have no objection to the probate case being transferred as sought in this petition.

4. Accordingly, Probate Case 36/2023 (Ashok Kumar Bhola v. State of NCT of Delhi) stands transferred from the court of learned ADJ, South-East, District Saket to the competent court in the South District, Saket.

5. The Registry of the Saket Court is directed to forthwith transmit the papers of this case to the Court of learned District Judge, South District, Saket, who would assign it to the competent court.

6. The probate case would proceed from the stage at which it is at present.

7. This petition is disposed of in the aforesaid terms.

C. HARI SHANKAR, J.