← Library
High Court of DelhiTR.P.(C.)/38/2025

Smt Asha Rani Paul & ORS. v. Mrs Raj Suman & ANR.

2025-08-29Hon'Ble Mr. Justice Saurabh Banerjee2 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 38/2025, CM APPL. 11432/2025-Stay SMT ASHA RANI PAUL & ORS.

.....Petitioners Through:

Mr. Rajesh Gogna, Adv. (Through VC) versus MRS RAJ SUMAN & ANR.

.....Respondents Through:

Ms. Ankita Bhatia, Adv. (Through VC)

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 29.08.2025 1.

By virtue of the present petition under Section 24 of the Code of Civil Procedure, 1908 (CPC), the petitioners seek transfer of Probate Case being PC-11/2024 titled 'Raj Suman & Anr. v. The State of NCT of Delhi & Ors.' pending before the learned District Judge, North, Rohini Courts, Delhi to this Court, so as to be tried and decided along with Test Case No.5/2025 titled 'Asha Rani Paul v. State & Ors.' already pending before this Court.

2.

Based on the case set up by the petitioners, learned counsel for the petitioners primarily submits that it would be in the interest of the parties as also interest of justice if the Probate Case being PC-11/2024 is transferred as sought, particularly since the parties involved as also the properties involved in both the proceedings are the same. 3.

Learned counsel for the respondents, appearing through video The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 12:18:10

conferencing, submits that she has no objection if the present petition is allowed.

4.

Learned counsel for the parties submit that as of now, only the pleadings in both the proceedings have been completed. 5.

As such, for the reasons stated in the present petition, and considering that since the parties involved as also the properties involved in both the proceedings are the same, as also, in view of the statement made by learned counsel for the respondent, the present petition is allowed and Probate Case No. PC-11/2024 'Raj Suman & Anr. v. The State of NCT of Delhi & Ors.' pending before learned District Judge, North, Rohini Courts, Delhi is transferred to this Court to be tried and decided along with Test Case No.5/2025 titled 'Asha Rani Paul v. State & Ors.' 6.

The learned District Judge, North, Rohini Courts, Delhi is directed to send the entire record pertaining to the aforesaid case to this Court. 7.

A copy of the present order be sent to the learned District Judge, North, Rohini Courts, Delhi for compliance.

8.

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

SAURABH BANERJEE, J.

AUGUST 29, 2025/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 12:18:10