Tara Singh (Deceased) Thr Lrs v. Padam Chand Vaish & ANR

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 77/2019 and CM APPL. 26278/2019 TARA SINGH (DECEASED) THR LRS ..... Petitioner Through:

Mr Tarun Agarwal, Advocate.

versus PADAM CHAND VAISH & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.07.2019 1.

The petitioner has filed the present petition under Section 24 of the Code of Civil Procedure, 1908, inter alia, praying that the appeal bearing No. RCT No. 46 of 2016 captioned "Tara Singh vs Padam Chand Vaish & Anr." be transferred from the Court of District and Sessions Judge, West District, Tis Hazari Courts to the Court of District and Sessions Judge, Central District, Tis Hazari Courts.

2.

It is stated that the said appeal was filed before the District and Sessions Judge, Central District. However, the same was transferred to the District Court, West District by an order dated 27.11.2014, the concerned learned Judge (Central District) had expressed that he did not hear the appeal. It is stated that the learned Judge has since been elevated and there would be now no impediment in District Court, Central District to hear the said appeal.

3.

The learned counsel appearing for the petitioner has also drawn the attention of this Court to orders dated 25.02.2019 and 27.02.2019, whereby

the concerned Court (West District) has expressed disability to transfer the case to the District and Sessions Judge, Central District and therefore, had permitted the petitioner to move an appropriate application under section 24 of the Code of Civil Procedure, 1908.

4.

For the reasons stated in the petition, the same is allowed and the appeal bearing RCT No. 46 of 2016 is transferred from the District Court, West District to the District Court, Central District. 5.

The pending applications are also disposed of. 6.

The parties are directed to appear before the District Court, Central District on 14.08.2019.

VIBHU BAKHRU, J JULY 18, 2019 RK

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 78/2019 and CM APPL. 26339/2019 M/S AMAR SINGH BICHHA LAL ..... Petitioner Through:

Mr Tarun Agarwal, Advocate.

versus PADAM CHAND VAISH & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.07.2019 7.

The petitioner has filed the present petition under Section 24 of the Code of Civil Procedure, 1908, inter alia, praying that the appeal bearing No. RCT No. 41 of 2016 captioned "Amar Singh Bichha Lal vs Padam Chand Vaish & Anr." be transferred from the Court of District and Sessions Judge, West District, Tis Hazari Courts to the Court of District and Sessions Judge, Central District, Tis Hazari Courts.

8.

It is stated that the said appeal was filed before the District and Sessions Judge, Central District. However, the same was transferred to the District Court, West District by an order dated 27.11.2014, the concerned learned Judge (Central District) had expressed that he did not hear the appeal. It is stated that the learned Judge has since been elevated and there would be now no impediment in District Court, Central District to hear the said appeal.

9.

The learned counsel appearing for the petitioner has also drawn the attention of this Court to orders dated 25.02.2019 and 27.02.2019, whereby

the concerned Court (West District) has expressed disability to transfer the case to the District and Sessions Judge, Central District and therefore, had permitted the petitioner to move an appropriate application under section 24 of the Code of Civil Procedure, 1908.

10.

For the reasons stated in the petition, the same is allowed and the appeal bearing RCT No. 41 of 2016 is transferred from the District Court, West District to the District Court, Central District. 11.

The pending applications are also disposed of. 12.

The parties are directed to appear before the District Court, Central District on 14.08.2019.

VIBHU BAKHRU, J JULY 18, 2019 RK