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HIGH COURT OF DELHI
TR.P.(C.)No.93/2017.
SHEFALI GUPTA Petitioner
Through: Mr. ShresthChoudhary, Adv.
Through: Mr. Sourabh Malhotra, Adv. for R-1.
Ms. Manmeet Arora and Mr. Keshav Sehgal, Advs.
11.09.2017
ORDER
1. Transfer in exercise ofpowers under Section 24 of CPC is sought of Suit No.13/2017 titled Deepak Gupta Vs. Neelam Gupta of the Court of Ms. Neha Priya, Civil Judge - 01 (South), Saket Courts Complex, New Delhi to this Court for trial along with CS(OS) No.3416/2015 ofthis Court.
2. The petition was entertained and notice thereof ordered to be issued.
3. The counsel for the respondent no.1 Deepak Gupta and the counsel for the respondent no.2 Neelam Gupta appear. None appears for the respondent no.3 Sophia Gupta who has not even been served. On enquiry it is stated that she has not been served with the summons of the suit which is sought to be transferred also. In this view of the matter, her service is dispensed with.
4. It is informed (A) that CS(OS) No.3416/2015 of this Court was filed by O.P. Gupta and the petitioner herein against the respondents herein and some other persons for (i) declaration and cancellation of Partition Deed dated 16^'' May, 2011, Relinquishment Deed dated 16^^ May, 2011, Special Power of Attorney dated 13'*^ September, 2011, Conciliation Agreeinent 2017:DHC:8563 Ky\ dated September, 2011, Agreement, dated September, 2011; (ii) declaration that the defendant no.l Deepak Gupta has no interest in the property no.C-2/6, Safdarjung Development Area, New Delhi; and, (iii) declaration of O.P. Gupta as the owner of the said property and for ancillary reliefs; (B) Shri O.P. Gupta has since died and the petitioner and the respondent no.2 Neelam Gupta claim O.P. Gupta to have left a validly executed last Will; (C) The respondent no.1 Deepak Gupta has instituted the suit which is sought to be transferred, for declaration of the said document claimed to be the Will of O.P. Gupta as bad for the reason of O.P. Gupta having no rights in the property aforesaid and on some other grounds.
5. The counsel for the respondent no.2 Neelam Gupta informs that the respondent no.2 Neelam Gupta has since filed a Probate Case in this Court seeking probate ofthe document claimed to be the Will of O.P. Gupta and in which notice has been ordered to be issued including to the respondent no.l Deepak Gupta.
6. I have enquired from the counsel for the respondent no.l Deepak Gupta the need to pursue the suit before the Civil Court inasmuch as the question of validity of the document claimed to be the Will would be deteiTnined in the Probate Case and the question of valid execution of the documents aforesaid would be considered in the previously instituted CS(OS)No.3416/2015 ofthis Court.
7. The counsel for the respondent no.l Deepak Gupta however states that the suit is not infructuous.
8. In this Transfer Petition, the aforesaid question cannot be decided. TR.P.(C.)No.93/2017 page 2 of[3] f V
9. However in the facts and circumstances aforesaid, the petition is allowed.
10. Suit No.13/2017 titled Deepak Gupta Vs. Neelam Gupta ofthe Court of Ms. Neha Priya, Civil Judge - 01 (South), Saket Courts Complex, New Delhi is ordered to be transferred to this Court and be placed before the same Hon'ble Judge on the Ordinary Original Civil Side of this Court before which CS(OS) No.3416/2015 is pending and informed to be Hsted next on 9'*^ November, 2017.
11. The learned Civil Judge is requested to forthwith physically transfer the file.
12. The petition is disposed of SEPTEMBER 11, 2017 RAJIV SAHAI ENDLAW, J 'pp'.