Lt. Col Pavinder Ahluwalia v. Komil Ahluwalia And ORS. Bc+

$~5.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 550/1998 & CCP No.8/1999 LT. COL PAVINDER AHLUWALIA ..... Plaintiff Through:

None.

versus KOMIL AHLUWALIA AND ORS. BC+ ..... Defendants Through:

Mr. Y.R.Sharma, Adv. for D- 5 to 7.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 14.07.2016 1.

This matter is listed in terms of the office note dated 11th July, 2016. 2.

In this suit for partition of movable and immovable properties having a total value for the purposes of jurisdiction of Rs.20 lacs, recording of the evidence before the Court Commissioner was underway when the Court Commissioner finding that the valuation of the suit was below the enhanced minimum pecuniary jurisdiction of this Court, recorded so. The Registry has accordingly listed the suit before this Bench for appropriate orders. 3.

The reason why the suit was not listed before the Joint Registrar for the purposes of transfer but was listed before this Bench is a letter dated 8th July, 2016 received by the Registrar General of this Court from defendant no.5 expressing apprehension about the plaintiff tempering with the file, particularly the original documents filed therein, taking advantage of the transfer of the suit.

4.

None appears for the plaintiff or for any of the defendants except for the counsel for the defendants no.5 to 7.

CS(OS) 550/1998

5.

A perusal of the memorandum of parties shows the plaintiff to be resident of Defence Colony, New Delhi, defendants no.1 to 4 to be residents of outside Delhi, defendant no.5 to be resident of Kailash Colony, New Delhi and defendants no.6&7 to be residents of Malviya Nagar, New Delhi. The immovable properties of which partition is sought are also at Defence Colony, New Delhi, Nehru Place and Noida.

6.

The suit is accordingly transferred to the District Judge (South-East), Saket Courts, New Delhi.

7.

In view of the apprehension expressed by the defendant no.5, the Registry to, before sending the file of the suit, prepare a detailed index thereof preferably meeting the apprehensions as expressed in the letter dated 8th July, 2016 supra and file be sent to the District Judge (South East), Saket Courts, New Delhi in a sealed cover.

8.

The Joint Registrar to, before the file is sent, satisfy himself that the file has been properly indexed.

9.

The parties to appear before the District Judge/Additional District Judge (South East), Saket Courts, New Delhi on 18th October, 2016. CCP No.8/1999.

10.

The file of CCP No.8/1999 which is in the nature of application under Order 39 Rule 2A CPC be also similarly sent.

RAJIV SAHAI ENDLAW, J JULY 14, 2016 'pp'..

CS(OS) 550/1998