Veena Devi (Since Deceased Through Lrs) v. Rani Devi & ANR.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 227/2025, CM APPL. 81820/2025, CM APPL. 81821/2025 VEENA DEVI (SINCE DECEASED THROUGH LRS) .....Petitioner Through:

Mr. Hari Kishan, Adv.

Versus

RANI DEVI & ANR.

.....Respondents Through:

Ms. Agraza, Adv.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 23.12.2025 1.

By virtue of the present petition under Section 24 of Code of Civil Procedure, 1908, the petitioner seeks transfer of Suit for partition bearing no. CS No. 91/2020 entitled Veena Devi (Since Deceased Through Lr's.) vs. Rani Devi, pending in the Court of DJ-13 (Central), Tis Hazari Courts, Delhi and the Suit being CS No. 89/2020 entitled as Jai Prakash (Since Deceased Through Lr's.) vs. Jai Chand, pending in the Court of DJ-04 (Central), Tis Hazari Courts, Delhi to this Court for being tried cumulatively along with CS (OS) No.87/2020 entitled Jai Chand Rathore & Anr. vs. Jai Prakash Rathore & Anr.

2.

Succinctly put, the Suit being CS No.91/2020, instituted by the petitioner, is for partition qua property bearing no.313/N-l, measuring 65 sq. yds. situated at Plot No. 129, Inderlok, Delhi-110 035 and CS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.89/2020 is a Suit for possession qua the entire property bearing no. 313/N-l, measuring 92.2 sq.yds, situated at Plot No.129, Anand Nagar Inderlok, Delhi-110 035.

3.

It is the case of the petitioner that the respondents herein have subsequently instituted a Suit for partition being CS(OS) No. 87/2020 entitled Jai Chand Rathore & Anr. vs. Jai Prakash Rathore & Anr., and which is inter se the same parties before this Court. 4.

Learned counsel for the petitioner submits that though CS (OS) No. 87/2020 pending before this Court pertains to several other properties, however, since the aforesaid two properties involved in the Suit(s) being CS No.89/2020 and 91/2020, are included in CS (OS) No. 87/2020, and since the evidence to be led by the parties will be based on the same document(s) as also most of the witness, if not all, for and on behalf of the parties, will be the same, it would be in the interest of justice to allow the present petition.

5.

Issue notice.

6.

Learned counsel appearing for the respondents accepts notice and submits that considering the aforesaid submissions by the learned counsel for the petitioner as also the factual matrix involved, she has no objection if the present petition is allowed.

7.

Considering the assertions made in the present petition as also in view of the aforesaid statement made by learned counsel for the respondent, CS No. 91/2020 entitled Veena Devi (Since Deceased Through Lr's.) vs. Rani Devi, pending in the Court of DJ-13 (Central), Tis Hazari Courts, Delhi and CS No. 89/2020 entitled as Jai Prakash (Since Deceased Through Lr's.) vs. Jai Chand, pending in the Court of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

DJ-04 (Central), Tis Hazari Courts, Delhi are hereby transferred to this Court for being taken up along with CS (OS) No.87/2020 entitled Jai Chand Rathore & Anr. vs. Jai Prakash Rathore & Anr., with a direction to commence the proceeding(s) thereof from the stage which it was before.

8.

The learned Principal District Judge, Central, Tis Hazari Courts is directed to send the entire record pertaining to CS No. 91/2020 entitled Veena Devi (Since Deceased Through Lr's.) vs. Rani Devi, pending in the Court of DJ-13 (Central), Tis Hazari Courts, Delhi and CS No. 89/2020 entitled as Jai Prakash (Since Deceased Through Lr's.) vs. Jai Chand, to this Court.

9.

A copy of this order be sent to the learned Principal District Judge, Central, Tis Hazari Courts, for information and compliance. 10.

Accordingly, the present transfer petition along with the pending application(s) are disposed of.

SAURABH BANERJEE, J.

DECEMBER 23, 2025 NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.