Baldev Raj Chuchra v. Late Sh. Ish Kumar & Ors.

Delhi High Court · 13 Sep 2022 · 2022:DHC:3714
Dinesh Kumar Sharma
TR.P.(C.) 67/2022
2022:DHC:3714
civil other

AI Summary

The Delhi High Court ordered transfer of an execution petition to the court having territorial jurisdiction over the subject matter to ensure proper adjudication.

Full Text
Translation output
TR.P.(C.) 67/2022
HIGH COURT OF DELHI
TR.P.(C.) 67/2022
BALDEV RAJ CHUCHRA ..... Petitioner
Through: Mr. Kushagra Pandit, Adv.
VERSUS
LATE SH. ISH KUMAR, THROUGH LRS AND ORS... Respondent
Through: Mr. Kanwal Chaoudhary, Adv. for R- 5(i)
Date of Decision: 13th September, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CM APPL. 40147/2022 (exemption)
Exemption is allowed subject to all just exceptions.

1. The present petition has been filed seeking transfer of execution petition No. 60962/2016 titled as ‘Baldev Raj Ruchra v. Late Sh. Ish Kumar (through L.R.’s) & Ors. The execution petition is pending before the learned AJD-05, West District, Tis Hazari Courts.

2. Both the learned counsel submits that the subject matter of the decree lies in the Central District and therefore the execution petition may be transferred to learned Principal, District and Sessions Judge, Central 2022:DHC:3714 District, Tis Hazari Court Delhi.

3. In view of the submissions made, the execution petition No. 60962/2016 titled as ‘Baldev Raj Ruchra v. Late Sh. Ish Kumar (through L.R.’s) & Ors. is withdrawn from the Court of learned ADJ-05, West District, Tis Hazari Courts and is assigned to the Court of the Principal, District and Sessions Judge, Central District, Tis Hazari Court Delhi for assigning it to the Court of competent jurisdiction.

4. The learned AJD-05, West District, Tis Hazari Courts is directed to transfer the entire record pertaining to the execution petition NO. 60962/2016 titled as ‘Baldev Raj Ruchra v. Late Sh. Ish Kumar (through L.R.’s) & Ors. to the Court of the Principal, District and Sessions Judge, Central District, Tis Hazari Court, Delhi.

5. Copy of this order be sent to the learned ADJ-05, West District, Tis Hazari Courts as well as the Principal, District and Sessions Judge, Central District, Tis Hazari Court, Delhi for necessary compliance.

6. Parties are directed to appear before the Principal, District and Sessions Judge, Central District, Tis Hazari, Court Delhi on 23rd September, 2022.

7. In view of above, the present petition along with the pending application stands disposed of.

DINESH KUMAR SHARMA, J SEPTEMBER 13, 2022 Pallavi