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High Court of DelhiTR.P.(C.)/27/2026

Neelaish Tiwari And Others v. Radhey Sham And ORS

2026-05-14Hon'Ble Mr. Justice Amit Sharma3 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 27/2026 & CM APPL. 26161/2026 NEELAISH TIWARI AND OTHERS .....Petitioners Through:

Mr. Pawan K. B., Mr. Y. R. Sharma, Ms. Prakhya Bahl, Advs. with petitioner no. 1 in person.

versus RADHEY SHAM AND ORS .....Respondents Through:

Ms. Tanveet Kaur, Ms. Deepa Rathore, Advs. for R-3/MCD.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 14.05.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition under section 24 of the CPC seeks the following prayers: - "a) Transfer Civil Suit No. CS (SCJ) 126 of 2026, titled Radhey Sham @ R.S. Bansal vs. Commissioner of Police & Ors., from the South-East District, Saket Courts, to any other District Court of competent jurisdiction in Delhi;

b) Stay the proceedings in the Ld. Trial Court, specifically the direction to file the Written Statement by 18.02.2026, during the pendency of this Petition.

c) Direct the District & Sessions Judge, South-East, Saket Courts, to preserve the CCTV footage of the courtroom and the corridors for the date 09.02.2026 between 9:45 AM and 10:45 AM to substantiate the Petitioner's claims of intimidation." d) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

By way of the present petition, petitioners seek transfer of suit, CS (SCJ) 126/2026, titled as, "Radhey Sham @ R.S. Bansal v. The Commissioner of Police & Ors." pending before the Court of learned Senior Civil Judgecum-Rent Controller, South-East District, Saket Courts, New Delhi, to any other District Court of competent jurisdiction in Delhi. The said suit for permanent and mandatory injunction has been instituted by the respondent No.1 seeking directions for removal of the petitioners' vehicle from the front as well as back side corner of the property bearing no. C-69, New Delhi110019. 4.

Learned counsel for the respondents, without admitting to the contents of the petition, has no objection, if the prayers in the present petition are allowed, and the subject suit is transferred to any other District Court of competent jurisdiction.

5.

In these circumstances, civil suit, CS (SCJ) 126 of 2026, titled as "Radhey Sham @ R.S. Bansal v. The Commissioner of Police & Ors." pending before the Court of learned Senior Civil Judge-cum-Rent Controller, SouthEast District, Saket Courts, New Delhi, is transferred to learned Principal District and Sessions Judge, New Delhi District, Patiala House Courts, Delhi, who shall assign the same to the Court of competent jurisdiction. Let the records of the said suit be transferred to the concerned Transferee Court within a period of 10 days, and the parties shall appear before the concerned Court on 25.05.2026 at 02:00 P.M.

6.

It is clarified that the aforesaid suit shall proceed from the stage, it is being transferred.

7.

With the aforesaid directions, the present petition is disposed of. 8.

Pending applications, if any, also stand disposed of accordingly. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Copy of the order be sent to the learned Senior Civil Judge-cum-Rent Controller, South-East District, Saket Courts, New Delhi and learned Principal District and Sessions Judge, New Delhi District, Patiala House Courts for necessary information and compliance. 10.

Next date of hearing i.e., 17.07.2026 stands cancelled.

11. Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J MAY 14, 2026/kr/sg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.