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High Court of DelhiTR.P.(C.)/37/2016

Anil Gupta & ANR v. Dr Sharad Lakhotia And ORS

2016-12-01Hon'Ble Mr. Justice Jayant Nath3 pages

$~A-35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 37/2016 ANIL GUPTA & ANR ..... Petitioner Through Mr.Rahul Goyal and Ms.J.K.Goyal, Advocates versus DR SHARAD LAKHOTIA AND ORS ..... Respondent Through Mr.Alok Bhachawat and Ms.Tavishi Chandra, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 01.12.2016 1.

By the present petition filed under section 24 of the CPC the petitioner seeks transfer of the Civil Suit No.16/2014 titled. Dr.Sharad Lakhotia vs. Prem Prakash Gupta & Ors. filed by the respondents pending in the Court of Shri Rakesh Kumar Singh, Civil Judge, Tis Hazari Court, Delhi to South District, Saket. It is informed that the Presiding Officer has now changed and the matter is now pending in the Court of Shri Samar Vishal, CJ-10, Tis Hazari Courts. As per the petition the suit is for mandatory and prohibitory injunction relating to property in Greater Kailash II. It is stated that all the parties reside in the vicinity. The petitioners are stated to be senior citizens who are ailing from various medical problems and finding it quite taxing to commute to Tis Hazari Courts. Hence the present petition is filed with a prayer to transfer the matter.

2.

Learned counsel appearing for the respondent No.1 submits that she has no objection to the present petition.

3.

As per the office report respondent No.3 is served. On the last date of TRP(C)37/2016

hearing counsel had appeared for respondent No.2. 4.

Keeping in view that there is no opposition to the Transfer Petition the present petition is allowed. The said suit filed by respondent No.1 being Civil Suit No.16/2014 titled. Dr.Sharad Lakhotia vs. Prem Prakash Gupta & Ors. filed by the respondents pending in the Court of Shri Samar Vishal, CJ10, Tis Hazari Courts, Delhi is transferred to South District, Saket. The matter shall be listed before the concerned District Judge (South) on 9.2.2017 for being listed before the appropriate court. JAYANT NATH, J DECEMBER 01, 2016 n TRP(C)37/2016