Poonam Gola v. Gaurav Arora & ORS.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 30/2025, CM APPL. 8462/2025-Exp.

POONAM GOLA .....Petitioner Through:

Mr.

Abhishekh Chaudhary, Advocate (Through VC) versus GAURAV ARORA & ORS.

.....Respondents Through:

Mr. Argha Roy, Advocate for R-2 to R-5.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 30.10.2025 1.

The petitioner, vide the present petition under Section 24 of the Code of Civil Procedure, 1908 (CPC), seeks transfer of civil suit no. 62/2022 entitled 'Poonam Gola v. GauravArora and Ors.' pending before the learned District Judge, East District, Karkardooma Courts, Delhi to the Court of learned District and Sessions Judge, Shahdara District, Karkardooma Courts, Delhi, with a direction to the transferee Court to proceed with the said suit from the stage at which it is presently pending before the learned District Judge, East District, Karkardooma Courts, Delhi.

2.

Succinctly put, the petitioner had instituted the aforesaid suit for partition in respect of property situated at IX/1007, Prem Gali, Gandhi Nagar, Delhi-110 031 before the Hon'ble District Judge, East District, Karkardooma Courts, Delhi wherein the learned Trial Court while passing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the order in an application under Order XII Rule 6 of CPC of the petitioner observed that the aforesaid suit fell within the territorial jurisdiction of Shahdara District.

3.

It is thence that the petitioner has filed the present petition seeking transfer of the said suit claiming that the same was inadvertently instituted before the East District instead of Shahdara District. 4.

Perusal of record reveals that respondent no.1 has been duly served. As per the affidavit of service filed on behalf of the petitioner, respondent no.1 has been served through Speed Post on 14.08.2025. A copy of the Speed Post receipt has also been filed by the petitioner. Despite service, there was no appearance on behalf of the respondent no.1 on the last date of hearing. Even today, there is no appearance on his behalf. As such, respondent no.1 is proceeded ex-parte.

5.

Learned counsel appearing for respondent nos.2 to 5 submits that he has no objection if the present petition is allowed in terms of the relief sought therein.

6.

As per the contention of learned counsel for the parties, the present transfer petition relates to property disputes between the parties who are related to each other, and the contentions raised by the parties are very much the same in the proceedings involved, and there are common elements involved herein. As such, it would be in the interest of justice that for the reasons stated in the present petition and in view of the aforesaid statement made by the learned counsel for the respondent nos.2 to 5, the present petition is allowed and Civil Suit No.62/2022 entitled 'Poonam Gola v. Gaurav Arora and Ors.' pending before the learned District Judge, East District, Karkardooma Courts, Delhi is transferred to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

concerned Court, Shahdara District, Karkardooma Courts, Delhi. 7.

The learned District Judge, East District, Karkardooma Courts, Delhi is directed to send the entire record pertaining to Civil Suit No.62/2022 entitled 'Poonam Gola v. Gaurav Arora and Ors.' to the concerned Court, Shahdara District, Karkardooma Courts, Delhi. 8.

A copy of the present order be sent to the learned District Judge, East District, Karkardooma Courts, Delhi and learned District and Sessions Judge, Shahdara District, Karkardooma Courts, Delhi for compliance.

9.

Accordingly, the present transfer petition is allowed and disposed of.

SAURABH BANERJEE, J OCTOBER 30, 2025/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.