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High Court of DelhiTR.P.(C.)/69/2018

Maya Rani Mishra ( Since Deceased) Thr Legal Heirs v. Pankaj Dubey

2018-07-17Hon'Ble Ms. Justice Anu Malhotra2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 69/2018 and CM Nos. 16659/2018 &16697/2018 MAYA RANI MISHRA ( SINCE DECEASED) THR LEGAL HEIRS ..... Petitioner Through:

Ms.Sunaina, Advocate versus PANKAJ DUBEY ..... Respondent Through;

Ms. Madhur Dadlani, Advocate

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 17.07.2018 Vide the present petition, the petitioner seeks the transfer of proceedings in Civil Suit No. 7396/2016 pending before the Additional District Judge-02 (South-East), Saket Courts, to South District Saket Courts submitting to the effect that the suit property is located within the territorial jurisdiction of Police Station Hauz Khas as also observed vide proceedings in the suit where the suit is pending that the suit is beyond the territorial jurisdiction of the South-East District.

Learned counsel for the respondent submits that there is no opposition to the prayer made by the petitioners. As apparently, the plaint on the record indicates that the suit property is situated F-48, Green Park Main, New Delhi-16 which falls within the territorial jurisdiction of South East and as the defendant is also a resident of Malviya Nagar as per memo of parties, the

proceedings of the Civil Suit No. 7396/16 presently pending in the court of Additional District Judge-02 (South-East) are withdrawn from the said learned Court and assigned to the South District, New Delhi with a direction that the records of the Suit no.7396/16 pending in the Court of Additional District Judge-02 (South-East), Saket Courts be placed before the learned District & Sessions Judge, (South), on the date 20.8.2018 at 2:30 p.m. where the parties are directed to appear for further allocation of the matter to the Additional District Judge (South), New Delhi.

The petition is disposed of accordingly.

ANU MALHOTRA, J JULY 17, 2018/SV