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High Court of DelhiTR.P.(C.)/84/2022

Smt Jai Wati Chauhan & ANR v. Sh Ganga Singh (Since Deceased) Through Lrs

2022-11-22Dinesh Kumar Sharma2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 84/2022 SMT JAI WATI CHAUHAN & ANR ..... Petitioners Through:

Ms. Monica Kumar , Advocate versus SH GANGA SINGH (SINCE DECEASED) THROUGH LRS ..... Respondent Through:

Mr. Hemant Chauhan & Mr. Sharwan Chauhan, Advocates.

% Date of Decision: 22nd November, 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 transfer petition under Section 24 of the CPC for transfer of Civil Suit no. DJ 577490/16, titled as "Jaiwati Chauhan Vs. Ganga Singh & Ors" pending before the learned ADJ-04, North-West, District, Rohini Court, Delhi to the competent court of jurisdiction under the learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi.

2. Both the parties submit that the suit property i.e. 104, Village Dhaka, falls within the revenue estate of North District, Rohini, Delhi.

3. In this regard, the learned ADJ-04, North-West District, Rohini Court, Delhi also passed an order dated 4th July, 2022, inter alia TR.P.(C.) 84/2022 By:PALLAVI VERMA 12:53:57

mentioning that the suit property no. 104, Village Dhaka, Delhi, falls within territorial jurisdiction of courts of North District.

4. Both the parties submit that the matter may therefore be transferred to the Court of the learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi for assigning it to court of competent jurisdiction.

5. In view of the submissions, Civil Suit no. DJ 577490/16 is withdrawn from the court of Ld. ADJ-04, North-West District, Rohini Courts, Delhi and is assigned to the Ld. Principal District and Sessions Judge, North District, Rohini Courts, Delhi trying himself for assigning it to court of competent jurisdiction.

6. The transferor court is directed to transfer all the record pertaining to Civil Suit No. DJ 577490/16, titled as "Jaiwati Chauhan Vs. Ganga Singh & Ors" to the transferee court.

7. Copy of this order be sent to the court of learned Principal District & Sessions Judge, North-West District, Rohini Courts, Delhi and learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi.

8. Parties are directed to appear before learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi on 2nd December, 2022.

9. With the above directions, the petition stands disposed of. DINESH KUMAR SHARMA, J NOVEMBER 22, 2022/bsr TR.P.(C.) 84/2022 By:PALLAVI VERMA 12:53:57