Rima Gulshan v. Vishal Saluja

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 92/2018 RIMA GULSHAN ..... Petitioner Through:

Ms. Zubeda Begum & Ms. Sana Ansari, Advocates.

versus VISHAL SALUJA ..... Respondent Through:

Ms. Kiran Singh, Advocate.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 06.07.2018 CM APPL. 21314/2018 in TR.P.(C.)-92/2018 It has been submitted on behalf of the respondent by the learned counsel present that she represents the respondent in the Trial Court, i.e., the Court of ADJ-02, South Saket in Probate Petition no.2/2016 and also represents the respondent in CS DJ/0211245/16 pending before the Court of the ADJ-04, South East, Saket, New Delhi. It has also been submitted by the learned counsel for the respondent that there is no opposition to the prayer made in the present petition, i.e., TR.P. (C)92/18 to the extent that the petitioner seeks the transfer of the proceedings in CS DJ/0211245/16, a suit filed by the petitioner herein seeking declaration, partition of properties on the basis of the Will dated 29.12.2011 and for consequential relief of permanent injunction from the Court of the ADJ-04, South East, Saket, New Delhi to the Court of the ADJ-02, South Saket where proceedings in

relation to the Probate petition no.2/2016 seeking grant of probate of a registered Will dated 29.12.2011 are pending. Taking the said submission into account and on a perusal of the averments made in the petition and the record, the transfer of the present petition, i.e., TR.P. (C)92/18 is allowed to the extent that the proceedings along with the records of CS DJ/0211245/16 titled as Rima Gulshan v. Vishal Saluja pending before the Court of the learned ASJ-04, South East Saket, New Delhi are transferred from the learned Court of the ADJ-02, South where the probate proceedings in Probate Petition no.2/2016 are pending with the directions that both the suits be taken up together on the date 11.10.2018. The petition is disposed of accordingly.

ANU MALHOTRA, J JULY 06, 2018 NC