Sumitra v. Inder Singh

$~205 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 76/2025, CM APPL. 27171/2025 SUMITRA .....Petitioner Through:

versus INDER SINGH .....Respondent Through:

Mr. Anurag Pratap and Mr. Rishiraj, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.05.2025 CM APPL. 27172/2025 Exemption allowed, subject to just exceptions. The application stands disposed-of.

TR.P.(C.) 76/2025 By way of the present petition filed under section 24 of Code of Civil Procedure 1908, the petitioner seeks transfer of Civil Suit No.09/2021 titled Smt. Sumitra vs. Inder Singh pending before the learned Family Court, South-East District, Saket Courts, New Delhi to some other civil court of competent jurisdiction. 2.

Learned counsel appearing for the petitioner submits, that as laid down by a Division Bench of this Court in Geeta Anand vs. Tanya Arjun & Anr.,1 it is now settled that the Family Court does not exercise exclusive jurisdiction over disputes relating to ownership of immovable property; and that such jurisdiction vests in a civil court. 1 2024 SCC OnLine Del 2327 TR.P.(C.) 76/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:59:11

3.

Counsel submits that it is for this reason that the petitioner is seeking transfer of Civil Suit No.09/2021 pending before the learned Family Court, South-East District, Saket Courts, New Delhi to a civil court of competent jurisdiction within the same district. 4.

Issue notice.

5.

Learned counsel appears on behalf of the respondent on advance copy; accepts notice; and in view of the decision of the Division Bench in Geeta Anand, leaves it to the court to pass appropriate orders.

6.

The principle cited by the petitioner is borne-out by the decision of the Division Bench in Geeta Anand. In view of the same, the present petition is allowed.

7.

It is directed that Civil Suit No.09/2021 titled Smt. Sumitra vs. Inder Singh pending before the learned Family Court, South-East District Saket Courts, New Delhi be transferred to the civil court of competent jurisdiction in the same district.

8.

Let a copy of this order be communicated to the learned Principal District & Sessions Judge, South-East District, Saket Courts, New Delhi to mark the matter to an appropriate civil court of competent jurisdiction, within 04 weeks.

9.

Petition is disposed-of in the above terms.

10.

Pending applications, if any, stand disposed-of. ANUP JAIRAM BHAMBHANI, J MAY 5, 2025/ss TR.P.(C.) 76/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:59:11