Full Text
ROHTASH SINGH aZ
Through; Mr. Dhruv Sharma, Adv.
Through: None.
PORAM*
HON'BLE MR. JUSTICE RAJIV SAHAIENDLAW
ORDER o/„ 08.09.2017
CM No.32742/2017 (for exeinption).
JUDGMENT
1. Allowed, subject to just exceptions.
2. The applications stand disposed of. TR.P.rC.^ No.151/2017.
3. Transfer,, in exercise ofpowersunder Section 24 ofthe Code ofCivil Procedure, 1908 (CPC), is sought to one Court, oftwo appeals and arising from the same order though both at Rohini Courts Complex, Delhi but m different Districts. While one appeal is informed to be pending before the Additional District Judge (North-West) as RCA No.5252/2016, the other appeal is informed to be pending before the Additional District Judge (North) as RCA No. 9/2017.
4. The appeals are stated to arise firom asuit for partition. The counsel for the petitioner on enquiry states that the property of which partition is sought is situated in DistrictNorth. 5, Considering the aforesaid facts and believing the counsel for the petitioner, itis notdeemed appropriate to wastetime in issuingnoticeofthe petition to the opposite parties. page lof[2] TR.P.(C.) No.151/2017 2017:DHC:8562
6. The petition isallowed.
7. RCA No.5252/2016 ofthe Court ofAdditional District Judge (North- West) and listed next on 20^^ September, 2017 is-orderedto be transfeiTed to the Court of the Additional District Judge (North) before which RCA No.9/2017 posted next on 1^' November, 2017 is listed.
8. The parties / counsels in RCA No.5252/2016 to appear before the Additional District Judge (North) on 1^' November, 2017.
9. The counsel for the petitioner to, under his signatures, intimate all the other counsels / parties oftoday's order.
10. The petition is disposed of.
SEPTEMBER 08,2017 'pp'.. TR.P.(C.) No.151/2017 RAJIV SAHAIENDLAW, J page 2of[2]