Mohd. Talib v. Mohd. Iqbal

Delhi High Court · 26 May 2017
Pratibha Rani
TR.P.(C.) 32/2017
civil appeal_allowed

AI Summary

The Delhi High Court allowed transfer petitions to consolidate eviction cases relating to the same property before a single court for judicial convenience.

Full Text
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$-48 & 50 HIGH COURT OF DELHI
TR.P.(C.) 32/2017
MOHD TALIB Petitioner
Through: Mr.Tanvir Khan, Advocate
VERSUS
. , MOHDIQBAL .....Respondent
Through: Mr.SushantMukund, Advocate AND
TR.P.(C.) 36/2017
MOHD TALIB Petitioner
Through: Mr.Tanvir Khan, Advocate
VERSUS
MOHD GAFFAR ...Respondent
Through: Mr.Sushant Mukund, Advocate
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
26.05.2017
ORDER

1. Byfiling these two petitions, the petitioners are praying for transfer of two eviction petitions i.e. Petition Nb.E-65/2015 (new No.134/2016) titled as, 'Mohd. Talib vs. Mohd. IqbaV & Petition No.E-64/2015 (new No.135/2016) titled as 'Mohd Talib vs. Mohd. Gaffar', bothpending in the Court of Sh. Jai Thareja, Ld.ACJ/ARC, Shahdara District, Karkardooma Court to the Court of Sh.Prashant Sharma, Ld.ARC, North-East District, Karkardooma Courts, Delhi.

2. Notice. Learned counsel as above appears on behalf of the respondents and accepts notice.

3. Learned counsel for the petitioners submit that there are four eviction petitions pendingin respect ofthe suit property againstthe tenants. Thetwo TR.P.(C.) 32/2017 &TR.P.(C.) 36/2017 • page I of[2] 2017:DHC:8553.-r*

0. eviction petitions are already pending in the Court of Sh.Prashant Sharma, Ld.ARC, North-East District, Karkardooma Courts, Delhi. These two eviction petitions i.e. Petition No.E-65/2015 (new No.134/2016) titled as 'Mohd. Talib vs. Mohd. IqbaV& PetitionNo.E-64/2015 (new No.135/2016) titled as 'Mohd. Talib vs. Mohd. Gaffar', may also be transferred to the Court of Sh.Prashant Sharma, Ld.ARC, North-East District, Karkardooma Courts, Delhi

3. Learned counsel for the respondents does not dispute the above submission made by the learned counsel for the petitioners and has no objection to the transfer ofthe petitions.

4. In view ofthe above, Petition No.E-65/2015 (new No.l34/20I[6]) titled as 'Mohd. Talib vs. Mohd. IqbaV & Petition No.-E-64/2015 (new No.135/2016) titled as 'Mohd. Talib vs. Mohd. Gaffar', are withdrawn from the Court of Sh. Jai Thareja, Ld.ACJ/ARC, Shahdara District, Karkardooma Court and are assigned/transferred to the> Court of Sh.Prashant Sharma, Ld.ARC, North-East District, Karkardooma Courts, Delhi.

5. Parties are also directed to appear before the transferee Court on ll"^ July, 2017. •

6. The case file of both the cases be sent to the transferee Court on or before 11^ July, 2017.

7. The petitions stand disposed of in above terms.

8. Copyof the orderbe givendastito learned counsel for the parties.

9. A copy of this order be also sent to the Courts concerned through concerned District & Sessions Judge.