S. Ushpinder Pal Singh Sawhney v. S. Surjit Singh Sethi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 46/2025, CM APPL. 17129/2025 S. USHPINDER PAL SINGH SAWHNEY .....Petitioner Through:

Mr. Sanjay Relan and Ms. Faguni Katyal, Advocates.

versus S. SURJIT SINGH SETHI & ORS.

.....Respondents Through:

Mr. Sushant Dahiya, Advocate for R-1-3 Mr. Kunal Kher and Mr. Arjan Ajai Singh Chonker, Advocates for R-6 Mr.

Suhail Anjum Siddiqui, Advocate for R-4, 9 & 10

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 18.11.2025 1.

By virtue of the present petition, the petitioner seeks transfer of the Execution Petition bearing no.1524/2018 (Execution Petition) entitled as "S. Ushpinder Pal Singh Sawhney vs. S. Surjit Singh Sethi" from the Court of learned District Judge-06, West District, Tis Hazari Court, Delhi to the Court of learned Principal District & Sessions Judge, Central District, Tis Hazari Court, Delhi.

2.

It is the case of the petitioner that the aforesaid Execution Petition before the Court of learned District Judge-06, West District, Tis Hazari Court, Delhi was filed by the petitioner seeking execution of the judgment and decree dated 06.05.2014 passed in CS (OS) No. 2649/2013, however, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the said Execution Petition had inadvertently been filed in the Court lacking the territorial jurisdiction to entertain the same. In effect, by relying upon Section 20 of the Civil Procedure Code, 1908 (CPC), he submits that since the suit property involved in the present proceeding is situated at C-100, New Rajinder Nagar, New Delhi-110 060, the judgment and decree dated 06.05.2014 has to be executed where the suit property is located. As such, he submits that the same was to be filed before the Court of learned Principal District & Sessions Judge, Central District, Tis Hazari Court, Delhi.

3.

Learned counsel for the respondents have no objection if the present petition is allowed and the said Execution Petition is transferred to the Court of learned Principal District & Sessions Judge, Central District, Tis Hazari Court, Delhi.

4.

In view of the aforesaid submissions made by the learned counsel for the petitioner, which are itself sufficient for transferring the Execution Petition to the appropriate Court having jurisdiction, as also based on the no objection given by the learned counsel for the respondents, this Court has no hesitation in allowing the present petition. 5.

Thus, the Execution Petition bearing no.1524/2018 entitled as "S. Ushpinder Pal Singh Sawhney vs. S. Surjit Singh Sethi" is hereby transferred from the Court of learned District Judge-06, West District, Tis Hazari Court, Delhi to the Court of the learned Principle District & Sessions Judge, Central District, Tis Hazari Court, Delhi, with a direction to commence the proceeding(s) thereof from the stage which it was before.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The learned District Judge-06, West District, Tis Hazari Court, Delhi is directed to send the entire record pertaining to the Execution Petition bearing no.1524/2018 entitled as "S. Ushpinder Pal Singh Sawhney vs. S. Surjit Singh Sethi" to the Court of learned Principal District & Sessions Judge, Central District, Tis Hazari Court, Delhi. 7.

A copy of the present order be sent to the Court of learned District Judge-06, West District, Tis Hazari Court, Delhi and the Court of learned Principal District & Sessions Judge, Central District, Tis Hazari Court, Delhi for information and compliance.

8.

Accordingly, the present transfer petition alongwith the pending application stands disposed of.

SAURABH BANERJEE, J NOVEMBER 18, 2025/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.