Satish Kumar Bhatia v. Duli Chand Bhatia

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 22/2025 SATISH KUMAR BHATIA .....Petitioner Through:

Mr. Triloki Pandit, Adv.

versus DULI CHAND BHATIA .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 24.11.2025 1.

By virtue of the present petition under Section 24 of Code of Civil Procedure, 1908, the petitioner seeks transfer of Suit No. 259/2017 entitled <Sh. Duli Chand Bhatia v. Satish Kumar Bhatia= presently pending before the learned District Judge (New Delhi), Patiala House Courts, New Delhi to the learned District Judge (South West), Dwarka Courts, New Delhi, where the suit No. 1014/2024 entitled <Sh. Satish Kumar Bhatia v. Sh. Ved Prakash Bhaita & Ors= is pending consideration.

2.

It is the case of the petitioner that the petitioner filed CS no. 58294/2016 before the learned Patiala House Courts, Delhi against the respondent herein, and that during the pendency thereof, the respondent also filed a CS no. 259/2017. The learned Trial Court vide its order dated 01.11.2022 passed an order for recording of consolidated evidence in both of the aforesaid suits. However, after closing of the evidence when the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

matter was listed for the final arguments, since the suit property was beyond its territorial jurisdiction, it suggested the parties to get the suits returned for filing them before learned Dwarka Courts, New Delhi as it was having the appropriate territorial jurisdiction to try them. In compliance thereof, and upon the petitioner taking appropriate steps, the plaint of CS no. 58294/2016 was returned. The same was thereafter filed before the learned Dwarka Courts, and which has been now registered as CS no. 1014/2024.

3.

However, despite specific directions of the learned Trial Court the respondent never took any steps on his end.

4.

Resultantly, the present transfer petition.

5.

Considering the factual matrix involved, particularly, since the both the aforesaid suits are inter se the same parties and are related to same suit property, coupled with the fact that vide order dated 01.11.2022 both the suits were clubbed together and evidence therein were led together, for the sake of convenience, and as it will be in the interest of the parties as also in the interest of justice of justice, the present transfer petition is allowed. 6.

As such, the suit being no. 259/2017 entitled Sh. Duli Chand Bhatia v. Satish Kumar Bhati is transferred from the Court of learned District Judge (New Delhi), Patiala House Courts, New Delhi to the learned District Judge (South West), Dwarka Courts, New Delhi, with a direction to commence the proceeding(s) thereof from the stage which it was before, however, after taking due note of the order dated 01.11.2022. 7.

The learned District Judge (New Delhi), Patiala House Courts, New Delhi is directed to send the entire record pertaining to the suit being no. 259/2017 entitled Sh. Duli Chand Bhatia v. Satish Kumar Bhati to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

learned District Judge (South West), Dwarka Courts, New Delhi. 8.

A copy of the present order be sent to the learned Principal District and Session Judge (New Delhi), Patiala House Courts, New Delhi and learned Principal District and Sessions Judge, District Judge (South West), Dwarka Courts, New Delhi for information and compliance. 9.

Accordingly, the present transfer petition is allowed and disposed of.

SAURABH BANERJEE, J NOVEMBER 24, 2025/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.