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HIGH COURT OF DELHI
TR.P.(C.) 20/2021
MURARI LAL SHARMA ..... Petitioner
Through: Mr. Onkar Roy with Mr. Atinder Kumar, Advocates.
Through: None.
Date of Decision: 21st July, 2022.
JUDGMENT
1. This is a transfer petition filed for transfer of five civil suits bearing Civil Suit No.795/2019, Civil Suit No.7761/2016, Civil Suit No.7762/2016 Civil Suit No.7764/2016 and Civil Suit No.7765/2016 from West District, Tis Hazari Courts to South-West District, Dwarka Courts.
2. Petitioner has sought transfer on the ground that both the petitioner and the respondent in the suit are residing within the jurisdiction of Dwarka Courts, South-West District and these suits fall within the territorial jurisdiction of Dwarka Courts. However, at the time when the suits were filed, the territorial jurisdiction was with the Tis Hazari Courts. It has been submitted that the old cases pertaining to the jurisdiction remain pending with the West District, Tis Hazari. 2022:DHC:2811
3. The notice which was sent to the respondent, vide order dated 15.04.2021, was duly accepted by Mr. B.P. Vaishnav, Advocate for respondent. A last opportunity was granted by this Court vide order dated 02.08.2021. However, till date no reply has been filed.
4. Learned counsel for the petitioner states at bar that he had also sent an intimation to the respondent at his e-mail address “dkmaggots@gmail.com” on 04.03.2022.
5. It seems that the respondent has deliberately not been appearing. Response of the respondent has also not been filed despite an opportunity being given.
6. Learned counsel for the petitioner has stated at bar that the territorial jurisdiction of Civil Suit No.795/2019, Civil Suit No.7761/2016, Civil Suit No.7762/2016 Civil Suit No.7764/2016 and Civil Suit No.7765/2016 now lies with the South-West District, Dwarka Courts.
7. In the circumstances, Civil Suit No.795/2019, Civil Suit No.7761/2016, Civil Suit No.7762/2016 Civil Suit No.7764/2016 and Civil Suit No.7765/2016 are withdrawn from the jurisdiction of learned Principal District & Sessions Judge (West), Tis Hazari Courts and transferred to the territorial jurisdiction of learned Principal District & Sessions Judge (South- West), Dwarka.
8. Let copy of the orders be sent to learned Principal District & Sessions Judge (West) and learned Principal District & Sessions Judge (South-West). Learned Principal District & Sessions Judge (West) is directed to send the record of the case file to the learned Principal District & Sessions Judge (South-West).
9. Parties are directed to appear before learned Principal District & Sessions Judge (South-West) on 04th August, 2022.
DINESH KUMAR SHARMA, J JULY 21, 2022 st