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HIGH COURT OF DELHI
C.R.P. 112/2022
MANMOHAN BAHL & ANR. ..... Petitioners
Through: Mr. Sanjay Kumar Maria with Mr. Anant Vijay Maria, Advocates.
Through: Ms. Pavitra Kaur, Advocate for respondent No.1.
Date of Decision: 09th September, 2022.
JUDGMENT
Exemption allowed subject to all just exceptions.
1. Present revision petition has been filed challenging the impugned order dated 06.12.2021.
2. During the course of submissions, learned counsel for the petitioners submits that without going into the merits of the case and the contentions raised by him, he will be satisfied if the probate case bearing PC 2022:DHC:3571 No.5868/2016 (earlier PC No.196/2011) titled as Veena Bahl & Ors. vs. The State & Anr. is transferred from South District to the South-East District.
3. Learned counsel for the respondent submits that as per instructions, she has no objection to the transfer of the same. However, it has been submitted that since this is an old matter, the Trial Court be directed to conduct the proceedings expeditiously.
4. In view of the submissions made and in exercising the powers under Section 24 CPC, whereby this Court either on an application being moved by the parties or on its own motion, can transfer any suit before any Court subordinate to it to any other competent Court within its jurisdiction. The probate case bearing PC No.5868/2016 (earlier PC No.196/2011) titled as Veena Bahl & Ors. vs. The State & Anr. is withdrawn from the Court of learned ADJ-02, South, Saket Courts, New Delhi and transferred to the Court of the learned Principal District & Sessions Judge, South-East for self assignment or for assigning it to any other Court of competent jurisdiction.
5. The Transferor Court is directed to send the complete record of the case to the Transferee Court.
6. Copy of this order be sent to the learned Principal District & Sessions Judge, South District and the learned Principal District & Sessions Judge, South-East.
7. The parties are directed to appear before the learned Principal District & Sessions Judge, South-East on 21st September, 2022.
8. This Court has not gone into the merits of the case, therefore, this order may not be considered as an expression on the merits of the case. Since this is an old matter, the learned Trial Court is directed to conduct the proceedings expeditiously in accordance with law.
9. In view of the above, the present petition along with all pending applications stands disposed of.
DINESH KUMAR SHARMA, J SEPTEMBER 09, 2022 st