Haritesh Goyal & Anr. v. Naveen Kumar Gupta & Ors.

Delhi High Court · 14 Dec 2018 · 2018:DHC:7890
Vinod Goel
Tr.P.(C) No.223/2018
2018:DHC:7890
civil other

AI Summary

The Delhi High Court allowed the transfer of a civil suit to the court having territorial jurisdiction over the disputed property and where related suits are pending, for judicial convenience.

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Tr.P.(C) No.223/2018 HIGH COURT OF DELHI
Date of Order: 14.12.2018
TR.P.(C.) 223/2018
HARTESH GOYAL & ANR ..... Petitioners
Through: Mr.Rohit Singh, Advocate with Ms.Stuti Mishra, Advocate.
VERSUS
NAVEEN KUMAR GUPTA & ANR ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
JUDGMENT

1. Despite service of notice, neither the respondents nor their counsel are present.

2. Petitioners seek transfer of their Civil Suit No.2890/2016 titled as ‘Haritesh Goyal & Anr. Vs. Naveen Kumar Gupta & Ors.’ from the court of Ms.Shuchi Laler, learned Additional District Judge, East District Karkardooma Court, Delhi to the court of Smt. (Dr.) Hardeep Kaur, learned Additional District Judge, Shahdara District, Karkardooma Courts, Delhi, where two other matters, i.e. Suit No.2673/216 and another Suit, are already pending. 2018:DHC:7890 Tr.P.(C) No.223/2018

3. Learned counsel for the petitioners contends that the property in question is situated in Krishna Nagar, Delhi, which falls within the jurisdiction of Shahdara District.

4. Since the property in question is situated within the jurisdiction of Shahdara District and two other suits are pending in the court of Smt. (Dr.) Hardeep Kaur, learned ADJ, Shahdara District, Karkardooma Courts, Delhi, it would be in the expediency of justice if the said Civil Suit No.2890/2016 titled as ‘Haritesh Goyal & Anr. Vs. Naveen Kumar Gupta & Ors.’ is transferred to the said court.

5. In the circumstances, the Civil Suit No.2890/2016 titled as ‘Haritesh Goyal & Anr. Vs. Naveen Kumar Gupta & Ors.’ is withdrawn from the court of learned ADJ, East District Karkardooma Courts, Delhi and is transferred to the court of Smt. (Dr.) Hardeep Kaur, learned ADJ, Shahdara District, Karkardooma Courts, Delhi for disposal in accordance with law.

6. The petition is disposed of accordingly.

JUDGE DECEMBER 14, 2018 “shailendra”