Gopal Singh Hanot v. Vijay Singh Hanot

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C) 7/2015 & I.A.No.5743/2015 GOPAL SINGH HANOT ..... Petitioner Through Mr. Kamlesh Kumar Mishra, Advocate versus VIJAY SINGH HANOT ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.10.2018 The present transfer petition has been filed under Section 24 CPC to transfer Civil Suit No.19/2015 titled 'Vijay Singh Hanot Vs. Gopal Singh Hanot' from the court of ACJ, District Saket Courts, New Delhi to this Court.

In the present petition it has been averred that another suit for partition between the same parties bearing CS(OS) No.2270/2013 was pending before this Court wherein an injunction had been granted. However, subsequently, the said suit being CS(OS) No.2270/2013 had been dismissed by this Court.

At this stage, learned counsel for petitioner states that he has received instructions to file an application seeking restoration of the aforesaid suit.

This Court may mention that even a restoration application filed in the said suit has already been dismissed. As and when an application for restoration of the restoration application is filed, the same shall be considered. However at this stage, this Court is of the view that no ground for transfer is made out. Accordingly, the present petition is dismissed and the interim order dated 20th March, 2015 is vacated. MANMOHAN, J OCTOBER 29, 2018 KA