Bhupinder Pal Singh & ANR v. Balbir Thapar
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 77/2014 BHUPINDER PAL SINGH & ANR ..... Plaintiff Through:
Mr. Rohit Jain, Adv.
versus BALBIR THAPAR ..... Defendant Through:
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 25.04.2016 This matter has been listed on the basis of office note dated April 22, 2016 wherein a reference is made to the order dated March 30, 2016 passed by the learned Addl. District Judge, North-West, Rohini Courts, Delhi, which reads as under:
"Record perused. It is submitted on behalf of plaintiff that the suit property is situated at Old Rajender Nagar, Delhi, which falls under the jurisdiction of Central District, which lies within the jurisdiction of Tis Hazari Courts. Therefore, it is prayed that the matter may be transferred to Central District, Tis Hazari Courts.
Record is perused again.
The nature of the suit is for Specific Performance and
injunction. As per section 20 CPC, jurisdiction in the present case is to be decided according to the place where the suit property is situated, which admittedly is at Old Rajender Nagar, which admittedly falls within the jurisdiction of Central District. Therefore, I conquer with the submissions made by plaintiff No.1 that this suit should have been sent to the Central District at Tis Hazari Courts. In the light of the directions given by Hon'ble High Court vide notice/circular ref. No. 1/TC/Org/DHC dated 29.03.2016, let the file be placed before Hon'ble High Court for necessary orders. Parties are directed to appear before Hon'ble High Court on 25.04.2016. Ahlmad is directed to send the file, complete in all respects to Hon'ble High Court well in advance, as per the above mentioned circular."
A perusal of the above order would reveal that the suit needs to be transferred to the Central District, Tis Hazari courts. Accordingly, the parties to appear before the learned District & Sessions Judge, Central District, Tis Hazari Courts, Delhi on 30th May, 2016. V. KAMESWAR RAO, J APRIL 25, 2016/ak