Full Text
TR.P.(C.) 101/2018
ARUN K GUPTA ..... Petitioner
Through: Ms. Sanyogita Jain, Advocate.
& ORS. ..... Respondents
Through: Mr. Mehul Gupta, Advocate along with respondents in person.
(u/s 151 CPC filed by the respondents)
JUDGMENT
1. The file is being taken up today on an application of the respondent for disposal of the transfer petition as they have no objection if the prayer of the petitioner is accepted.
2. By this transfer petition, the petitioner seeks transfer of a Civil Suit No. 577616/2016 titled as ‘Alok Kulbhushan Gupta & Anr.Vs. Arun K. Gupta’ from the court of Sh.Manish Gupta, learned Additional District Judge-04, North West, Rohini, Delhi (ADJ) to this Court where a civil suit being CS (OS) No.609 2018:DHC:7950 Tr.P.(C) No.101/2018 of 2017 with regard to the same property titled as ‘Arun K. Gupta Vs. Kulbhushan Gupta (since deceased) through his legal heirs & others’ is pending.
3. Since between the same parties, two civil suits are pending; one in this Court on original jurisdiction; and another before learned ADJ, it would be in the expedient of justice if both matters are tried by the same Court. As such, the Civil Suit No.577616/2016 pending in the Court of Sh.Manish Gupta, learned ADJ is withdrawn from that Court and is ordered to be transferred to this Court.
4. The petition along with pending applications, being CM 22753/2018 & CM No.53120/2018, is disposed of accordingly.
5. The next date of hearing i.e. 11.04.2019 stands cancelled.