Manish Sharma v. Mohar Singh Sharma & Ors

1. Transfer, in exercise of powers under Section 24 of the Code of Civil Procedure, 1908 (CPC), is sought of Suit No.9098/2016 titled Singh Sharma Vs. Manish Sharma & Ors. of the Court of Shri Gagan Deep Singh, Additional Senior Civil Judge, Karkardooma Courts, Delhi to this Court for trial along with CS(OS) No.444/2016 titled Manish Sharma Vs. Mohar Singh Sharma & Ors. ofthis Court.

2. Notice of the petition was ordered to be issued andthe counsel for the respondents appears.

3. The petitioner, as identified by the counsel for the respondents appears inperson and states that his Advocate is out ofstation.

4. The counsel for the respondents on enquiry states (i) that the suit which is sought to >e transferred has been filed by the respondents / plaintiffs against the petitioner / defendant for recovery ofpossession ofone room in the property of the respondents / plaintiffs and use whereof was permitted to the petitioner / defendant, being the son of the respondent no.l /plaintiff; (ii) that the said suit is pending at the stage of TR.P.(C.) No.53/2017 1of[2] 2017:DHC:8570 recording of evidence ofthe respondents / plaintiffs; (iii) that the petitioner / defendant, after institution of the aforesaid suit, has filed CS(OS) No.444/2016 in this Court for partition of the property claiming the same to be Hindu Undivided Family (HUF) property and recording of evidence has not commenced in the said suit; and, (iv) that it is not the defence of the petitioner/ defendant in the suit soughtto be transferred that the property is HUF property.

5. In the aforesaid facts, no case for transfer is made out.

6. It is clear that the Transfer Petition is motivated with an intent to delay the disposal of the suit for recovery of possession from the petitioner / defendant. Dismissed. No costs.

OCTOBER 12, 2017 'pp'.. TR.P.(C.) No.53/2017 RAJIV SAHAI ENDLAW, J page 2 of[2]