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High Court of DelhiTR.P.(C.)/171/2024

Kailash Tuli v. Tarun Tuli And ORS

2024-10-23Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~6 to 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 171/2024 KAILASH TULI .....Petitioner Through:

Mr.Harshit Vashisht, Mr.Sarthak Tagra and Mr.Amogh Pal, Advs.

versus TARUN TULI AND ORS .....Respondents Through:

Mr.Pawan Kumar Sharma, Advocate for R-1.

+ TR.P.(C.) 172/2024 TARUN TULI .....Petitioner Through:

Mr.Pawan Kumar Sharma, Advocate versus KAILASH TULI AND ORS .....Respondents Through:

Mr. Harshit Vashisht, Mr.Sarthak Tagra and Mr.Amogh Pal, Advs for R-1.

+ TR.P.(C.) 175/2024 TARUN TULI .....Petitioner Through:

Mr.Pawan Kumar Sharma, Advocate versus STATE (GOVT OF NCTD DELHI) AND ORS .....Respondents Through:

Mr. Harshit Vashisht, Mr. Avinash Kapoor, Mr. Amogh Nath Pal, Ms.

Sania S. Yusuf, Mr. Dhruv Basra and Mr. Haroik Jain, Advs. for R-3.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 23.10.2024 1.

Having considered the submissions made on behalf of the parties, the 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 28/10/2024 at 12:04:30

Court takes note of the fact that one of the cases in the instant transfer petitions pertains to a Probate certificate.

2.

The said Probate case is currently pending before the Court of District and Sessions Judge, East District, Karkardooma Courts. As per the parties, the designated Probate Court is unable to adjudicate the controversy on account some personal difficulty of the Presiding Officer. 3.

Since, there is no other designated Probate Court in the East District, therefore, the Court is of the considered opinion that the instant Probate case requires to be transferred to any other Court of competent jurisdiction. 4.

The court is cognizant of the fact that in Karkadooma Court complex, three district court are functioning namely East District, Shahadara District and North East District.

5.

In the interest of justice, and with the consent of the parties, this Court directs the transfer of TR.P.(C.) 171/2024, TR.P.(C.) 172/2024 & TR.P.(C.) 175/2024 before North East District. Let all the aforesaid cases be placed before the concerned District Judge, who shall allocate the matters to the designated court.

6.

With the aforesaid directions, the petitions stand disposed of. PURUSHAINDRA KUMAR KAURAV, J OCTOBER 23, 2024 Nc/sp 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 28/10/2024 at 12:04:30