Ashok Kumar v. Mithilesh Kumari

Delhi High Court · 12 Jan 2024 · 2024:DHC:274
C. Hari Shankar
TR.P.(C.) 1/2019
2024:DHC:274
civil appeal_allowed

AI Summary

The Delhi High Court allowed the transfer petition under Section 24 CPC to consolidate two civil suits relating to the same property for joint hearing.

Full Text
Translation output
TR.P.(C.) 1/2019
HIGH COURT OF DELHI
TR.P.(C.) 1/2019
ASHOK KUMAR ..... Petitioner
Through: Mr. S.D. Singh, Ms. Shweta Sinha, K. Prasad and Mr. Sidharth Singh, Advs.
VERSUS
MITHILESH KUMARI ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L)
12.01.2024
JUDGMENT

1. There is no appearance on behalf of the respondent despite this matter having been called out twice. There was no appearance on the last date of hearing either.

2. This petition under Section 24 of the Code of Civil Procedure 1908 (CPC) seeks transfer of CS 110/2016 (Ashok Kumar v. Mohd. Irshad), presently pending before the learned ADJ, North-West, Rohini, Delhi to be heard along with CS(OS) 605/2016 (Ashok Kumar v. Smt. Dayawati) pending before this Court.

3. Mr. Singh submits that the both the suits relate to the same property.

4. In that view of the matter, it would be appropriate that both the Signing Date:13.01.2024 16:19 TR.P.(C.) 1/2019 suits are heard together.

5. Accordingly, CS 110/2016 (Ashok Kumar v. Mohd. Irshad) stands transferred to this Court to be taken up along with CS(OS) 605/2016 (Ashok Kumar v. Smt. Dayawati).

6. The Registry of Rohini Court is directed to take expeditious steps to transmit the record of CS 110/2016 (Ashok Kumar v. Mohd. Irshad) to this Court.

7. This transfer petition stands allowed accordingly.

8. Consequent on transfer, the Registry of this Court is directed to accord a fresh number to CS 110/2016 (Ashok Kumar v. Mohd. Irshad).

C. HARI SHANKAR, J