V.K.Gupta v. State And ORS C+
$~41 & 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 9/2004 & I.A. 5523/2009 V.K.GUPTA ..... Petitioner Through:
Mr. M.L. Sharma, Adv.
versus STATE AND ORS C+ ..... Respondents Through:
Mr. Uttam Datt, Adv. for R-2 & R-3.
+ TEST.CAS. 71/2013 CHETAN GUPTA ..... Petitioner Through:
Mr. M.L. Sharma, Adv.
versus STATE NCT OF DELHI ..... Respondent Through:
Mr. Uttam Datt, Adv. for R-6 & R-7.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 09.03.2016 In TEST.CAS. 9/2004 this Court on 15th February, 2016 has passed the following order:
"Learned counsel for the parties inform that another case being Test Case No.71/2013 is pending in this court. It is further informed that the partition suit being C.S. (OS) No.3124/1991 already stands transferred on account of recent pecuniary jurisdiction of this court.
Learned counsel for the petitioner, in the present case, submits that the present Test Case be also transferred to be
heard alongwith the aforesaid partition suit. Counsel for the petitioner further submits that he is representing the petitioner in Test Case NO.71/2013 as well and he requests that both the Test Cases be transferred to be heard alongwith the partition suit.
In view of the aforesaid, the present petition be listed alongwith Test Case NO.71/2013 on 1'' March 2016." The learned counsel for the parties have drawn my attention to order dated 03rd October, 2013 passed in CS (OS) 3124/1991 and TEST.CAS. 9/2004 and also CS (OS) 706/1994 wherein the Court had passed the following order:
"The probate case pending before the court of learned ADJ i.e.
P.C.No.
99/2011 has been requisitioned on transfer to this court. Let it be registered. Some of the witnesses in this case remain to be examined.
It is seen that in respect of the same property, another Will is executed by the husband of the testator and that case is already pending before this court being Test. Cas. 9/2004, in which the evidence is already complete. Since both the Wills are in respect of the same property, one executed by wife and other by her husband, it will be expedient and in the interest of justice that both are decided together. In another case i.e. CS (OS) 3124/1991, which is the case seeking partition of the same property, the evidence is already complete. Likewise this case will be required to be adjudicated together for the same reasons.
Let the evidence of the remaining witnesses be recorded by the same Local Commissioner i.e. Sh. Dinesh Dayal, former AD&SJ in this case with the request to expedite the same as the evidence in other two matters is stated to be complete. His fee is fixed at Rs. 20,000/- per witness. Parties to appear before learned Local Commissioner on 21.10.2013 at 2.00 p.m. for scheduling the dates for recording of evidence.
Renotify before this court on 20.02.2014."
Learned counsel for the parties state that P.C.No. 99/2011 was transferred to this Court vide the said order, and has been numbered as Test. Cas. 71/2013. They have also drawn my attention to order dated 30th November, 2015 whereby C.S. (OS) No.3124/1991 has been transferred to the Court of learned District Judge (South District) Saket Courts, Delhi. It is the joint submission of the counsels that both these TEST.CAS. be transferred and heard with C.S. (OS) No.3124/1991 in view of the order passed by this Court on 03rd October, 2013. Accordingly, these cases are transferred to the Court of learned District Judge (South District) Saket Courts, Delhi. I have been informed that the date of hearing in CS (OS) 3124/1991 is 11th April, 2016. Accordingly, the parties to appear before learned District Judge (South District) Saket Courts, Delhi on 11th April, 2016.
V. KAMESWAR RAO, J MARCH 09, 2016/radhika