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High Court of DelhiTR.P.(C.)/23/2022

Ramesh Kumar Mathur v. Smt. Kamlesh Dhingra (Now Deceased) & ORS.

2022-08-17Dinesh Kumar Sharma2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 23/2022 RAMESH KUMAR MATHUR ..... Petitioner Through:

Mr. D.V. Khatri, Advocate.

versus SMT. KAMLESH DHINGRA (NOW DECEASED) & ORS.

..... Respondents Through:

Mr. Prateek Khanna with Mr. Arun Khanna, Advocates for respondent No.2.

Mr. Vinod Kumar, Advocate for respondent No.3.

% Date of Decision: 17th August, 2022.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral) 1.

This is a petition under Section 24 CPC for transfer of an application under Section 340 Cr.P.C. bearing Misc. No. 11264/2016 titled Ramesh Kumar Mathur versus Kamlesh Dhingra & Ors. pending in the Court of learned Additional District Judge-02, (East), Karkardooma Court, Delhi to the Court of Sh. Rajinder Kumar, ADJ, North West, Rohini Courts, Delhi where the suit bearing C.S. No. 576/2009/99 (New case No.1550/2016) is pending.

TR.P.(C.) 23/2022

2.

It has been submitted that an application under Section 340 Cr.P.C. was filed in the above noted case but due to the separate numbering of the aforesaid application under Section 340 Cr.P.C., the said application could not be transferred along the suit at the time of the transfer of the said suit by this Court vide its order dated 03.09.2019.

3.

In view of the submissions made, the application under Section 340 Cr.P.C. bearing Misc. No. 11264/2016 titled Ramesh Kumar Mathur versus Kamlesh Dhingra & Ors. is withdrawn from the Court of learned Additional District Judge-02, (East), Karkardooma Court, Delhi and is assigned to the Court of Sh. Rajinder Kumar, ADJ, North West, Rohini Courts, Delhi or his successor Court.

4.

Let copy of the orders be sent to learned Principal District & Sessions Judge (East) and learned Principal District & Sessions Judge (North-West). The transferee Court is directed to send the entire record of the case file to the transferor Court.

5.

Parties are directed to appear before Sh. Rajinder Kumar, ADJ, North West, Rohini Courts, Delhi on 12th September, 2022. 6.

Accordingly, present petition stands disposed of. DINESH KUMAR SHARMA, J AUGUST 17, 2022 st TR.P.(C.) 23/2022