Jaiwati Chauhan v. Ganga Singh & Ors

Delhi High Court · 22 Nov 2022 · 2022:DHC:5194
Dinesh Kumar Sharma
TR.P.(C.) 84/2022
2022:DHC:5194
civil appeal_allowed

AI Summary

The Delhi High Court allowed the transfer petition under Section 24 CPC to move a civil suit to the court having territorial jurisdiction over the suit property for proper adjudication.

Full Text
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Neutral Citation Number 2022/DHC/005194
TR.P.(C.) 84/2022
HIGH COURT OF DELHI
TR.P.(C.) 84/2022
SMT JAI WATI CHAUHAN & ANR ..... Petitioners
Through: Ms. Monica Kumar , Advocate
VERSUS
SH GANGA SINGH (SINCE DECEASED) THROUGH LRS..... Respondent
Through: Mr. Hemant Chauhan & Mr. Sharwan Chauhan, Advocates.
Date of Decision: 22nd November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. This is a transfer petition under Section 24 of the CPC for transfer of Civil Suit no. DJ 577490/16, titled as “Jaiwati Chauhan Vs. Ganga Singh & Ors” pending before the learned ADJ-04, North-West, District, Rohini Court, Delhi to the competent court of jurisdiction under the learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi.

2. Both the parties submit that the suit property i.e. 104, Village Dhaka, falls within the revenue estate of North District, Rohini, Delhi.

3. In this regard, the learned ADJ-04, North-West District, Rohini Court, Delhi also passed an order dated 4th July, 2022, inter alia Neutral Citation Number 2022/DHC/005194 TR.P.(C.) 84/2022 mentioning that the suit property no. 104, Village Dhaka, Delhi, falls within territorial jurisdiction of courts of North District.

4. Both the parties submit that the matter may therefore be transferred to the Court of the learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi for assigning it to court of competent jurisdiction.

5. In view of the submissions, Civil Suit no. DJ 577490/16 is withdrawn from the court of Ld. ADJ-04, North-West District, Rohini Courts, Delhi and is assigned to the Ld. Principal District and Sessions Judge, North District, Rohini Courts, Delhi trying himself for assigning it to court of competent jurisdiction.

6. The transferor court is directed to transfer all the record pertaining to Civil Suit No. DJ 577490/16, titled as “Jaiwati Chauhan Vs. Ganga Singh & Ors” to the transferee court.

7. Copy of this order be sent to the court of learned Principal District & Sessions Judge, North-West District, Rohini Courts, Delhi and learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi.

8. Parties are directed to appear before learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi on 2nd December,

2022.

9. With the above directions, the petition stands disposed of.

DINESH KUMAR SHARMA, J NOVEMBER 22, 2022