Swarn Lata Kaila v. Vinod Kumar Chaufla & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1156/2010 SWARN LATA KAILA ..... Plaintiff Through:

Mr. Aditya Kaushik, Advocate.

versus VINOD KUMAR CHAUFLA & ORS ..... Defendants Through:

Mr. Rajat Aneja, Advocate with Ms.

Chandrika Gupta, Advocate for defendant No.1.

Mr. K.K. Bhutchar, Advocate for defendant No.2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 29.01.2016 1.

A connected probate petition being Test Cas No.104/2011 was transferred to this Court from the concerned Court of ADJ in view of pendency of this suit vide order dated 12.10.2011 in Transfer Petition (C) No.44/2011.

Parties to the present suit are parties to the Test Cas No.104/2011.

2.

Pecuniary jurisdiction of the present suit is such that it will have to be transferred to the concerned court of pecuniary jurisdiction in

view of Section 4 of the Delhi High Court (Amendment) Act, 2015. Since the probate petition was called from the concerned court of ADJ on account of pendency of the present suit in this Court and now since the present suit has to be transferred to the concerned court of pecuniary jurisdiction, let the testamentary case be also transferred to the concerned jurisdictional court falling under the District & Sessions Judge (Central) Tis Hazari Courts, Delhi.

3.

Testamentary case no.104/2011 be listed today by the Registry in the supplementary list and copy of this order be also placed in Test Cas No.104/2011.

It is further clarified that both the cases being the testamentary case and the present suit will be tried together in a consolidated manner in view of the order dated 10.1.2013.

4.

Accordingly, the present suit and Test Cas No.104/2011 are transferred for decision to the jurisdictional Court under the District & Sessions Judge (Central) Tis Hazari Courts, Delhi. 5.

Let parties appear before the District & Sessions Judge (Central) Tis Hazari Courts, Delhi on 14th March, 2016. Suit file be made available to the District & Sessions Judge (Central), Tis Hazari Courts,

Delhi on the date fixed.

6.

Next dates which are fixed before the Joint Registrar in both the cases being 11.4.2016, 12.4.2016 and 13.4.2016 will stand cancelled. VALMIKI J. MEHTA, J JANUARY 29, 2016 Ne