Bhoj Raj Singh v. Jamshed Ali & Ors.

Delhi High Court · 13 Feb 2019 · 2019:DHC:954
Vinod Goel
Tr.P. (C) No.55/2018
2019:DHC:954
civil appeal_allowed

AI Summary

The Delhi High Court allowed the transfer of a civil suit concerning property to the court having territorial jurisdiction to ensure judicial convenience and consistency.

Full Text
Translation output
Tr.P. (C) No.55/2018 HIGH COURT OF DELHI
Date of Order: 13.02.2019 Tr. P. (C) No.55/2018
BHOJ RAJ SINGH ..... Petitioner
Through: Mr. Mohit Kumar Sharma, Advocate.
VERSUS
JAMSHED ALI & ORS .....Respondents
Through: Mr. Yogesh Gaur & Mr. Deepak Gautam, Advocates.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
JUDGMENT

1. By this petition, the petitioner seeks transfer of Civil Suit No.606/2007 (new Civil Suit No.8897/2016; titled as Bhoj Raj Singh vs. Jamshed Ali & Ors.) from the court of Ms. Harleen Singh, Senior Civil Judge, East District, Karkardooma Courts, Delhi, to any competent court of jurisdiction in North-East District, Delhi.

2. Initially, the petition was filed on the ground that the other suit bearing No.158/2007 (new Civil Suit No.4652/2015) is pending adjudication between the parties before the court of Sh. Amitabh Rawat, Senior Civil Judge, North-East District, Karkardooma Courts, Delhi.

3. Learned counsel for the parties, at this stage, pointed out that the Civil Suit No.158/2007 (new Civil Suit No.4652/2015) is already 2019:DHC:954 Tr.P. (C) No.55/2018 disposed of by the court of Sh. Amitabh Rawat, learned Senior Civil Judge, North-East District, Karkardooma Courts, Delhi, by a judgment and decree dated 20.12.2018. It is not disputed that the property in question is situated in the North-East District.

4. In the circumstances, Civil Suit No.6064/2007 (new Civil Suit No.8897/2016) is withdrawn from the court of Ms. Harleen Singh, learned Senior Civil Judge, East District, Karkardooma Courts, Delhi, and is transferred to the court of learned District Judge, North-East District, who is requested to assign the said Civil Suit to any Civil Judge under his jurisdiction.

5. The transfer petition is disposed of accordingly. The parties are directed to appear before the learned District Judge, North-East District, Delhi on 06th March, 2019.

JUDGE FEBRUARY 13, 2019 ‘AA’