Rakesh Kumar Soin v. Nitin Soin And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 41/2018 RAKESH KUMAR SOIN ..... Petitioner Through:

Mr. Inderjeet Saroop & Mr. Raghav Saroop, Advocates.

versus NITIN SOIN AND ORS ..... Respondents Through:

Mr. Indu Shekhar, Advocate along with R-1 in person.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 24.04.2018 The civil suit (CS/DJ/210775/2016) titled Rakesh Kumar Soin vs. Nitin Soin & Ors. was initially filed on the original side of this Court but on account of change of pecuniary jurisdiction it was made over to the district courts. The suit seeks reliefs in the nature of declaration, dissolution of partnership, rendition of accounts, partition and injunction. The subject matter of this suit includes an immoveable property located in Safdarjung Enclave and another in R.K. Puram, New Delhi. The respondents join the petitioner (plaintiff of the case) in submitting that neither of the two properties are situate within the local territorial jurisdiction of district courts for South-East where the case has been made over by the Joint Registrar on 22.02.2016. It is admitted by both sides that one of the properties is located in South District, the courts whereof are also functional at Saket Courts Complex, New Delhi.

TR.P.(C.) 41/2018

In the above facts and circumstances with the consent of both sides it is directed that the afore-mentioned case shall stand withdrawn from the Court of Mr. Naresh Kumar Laka, Additional District Judge, South-East, Saket Courts, New Delhi and transferred to the Court of District Judge for South District at Saket Courts Complex, New Delhi for further proceedings in accordance with law.

The transferor court shall send the file, complete in all respects, to the transferee court fixing an appropriate date for the parties to appear there. Liberty is given to the District Judge, South at Saket Courts Complex to retain the matter on her board or allocate it to any court of Additional District Judge under her control.

Dasti to both sides.

R.K.GAUBA, J.

APRIL 24, 2018 nk TR.P.(C.) 41/2018