Ashok Gupta & Ors. v. Lalit Kumar Gupta & Anr.

Delhi High Court · 04 Aug 2022 · 2022:DHC:3014
Dinesh Kumar Sharma
TR.P.(C.) 50/2022
2022:DHC:3014
civil appeal_allowed

AI Summary

The Delhi High Court allowed the transfer of a civil suit to the court having territorial jurisdiction over the property to ensure proper adjudication and avoid multiplicity of proceedings.

Full Text
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TR.P.(C.) 50/2022
HIGH COURT OF DELHI
TR.P.(C.) 50/2022
ASHOK GUPTA & ORS. ..... Petitioners
Through: Mr. Vinay Jaidka and Mr. Sandeep Sharma, Advocates.
VERSUS
LALIT KUMAR GUPTA & ANR. ..... Respondents
Through: Mr. Digvijay Singh Jaswal, Advocate.
Date of Decision: 04th August, 2022.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. Present transfer petition has been moved for transfer of a civil suit bearing CS DJ No.206/2018 titled Ashok Gupta & Others vs. Lalit Kumar Gupta & Anr. from the Court of learned Additional District Judge-04 (North), Rohini Courts, Delhi to the Court of the learned Principal District & Sessions Judge (North-West), Rohini Courts, Delhi.

2. It has been submitted that the property lies in the North-West District and therefore the present suit bearing CS DJ No.206/2018 may be transferred to the Court of the learned Principal District & Sessions Judge (North-West), Rohini Courts, Delhi.

3. Learned counsel for the respondents submits that in fact another suit 2022:DHC:3014 TR.P.(C.) 50/2022 between the same parties and involving identical subject matter, is already pending in the North-West District in which the petitioner has been proceeded ex-parte. Learned counsel for the respondents submits that therefore the present transfer petition has been moved just to delay the proceedings.

4. Since the subject matter lies in the North-West District, the civil suit bearing CS DJ No.206/2018 titled Ashok Gupta & Others vs. Lalit Kumar Gupta & Anr. is transferred from the Court of learned Additional District Judge-04 (North), Rohini Courts, Delhi to the Court of the learned Principal District & Sessions Judge (North-West), Rohini Courts, Delhi for assignment of the same to the Court of competent jurisdiction.

5. Let copy of the orders be sent to learned Principal District & Sessions Judge (North) and learned Principal District & Sessions Judge (North-West). Learned ADJ-04 (North) is directed to send the complete record of the case file to the learned Principal District & Sessions Judge (North-West).

6. Parties are directed to appear before learned Principal District & Sessions Judge (North-West) on 18th August, 2022.

7. The present petition stands disposed of.

DINESH KUMAR SHARMA, J AUGUST 04, 2022 st