Mukesh Kumar (Since Deceased) Thr Lrs v. Praveen Behl

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 120/2018 MUKESH KUMAR (SINCE DECEASED) THR LRS ..... Petitioner Through:

Mr.Rimpy Gupta, Advocate versus PRAVEEN BEHL ..... Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 10.07.2018 CM No.26853/2018 (Exemption) Exemption allowed, subject to just exceptions. TR.P.(C.) No.120/2018 As per the advance notice placed on record it is indicated that the respondent has been duly served with the notice of the petition through the counsel for the respondent on 9.7.2018. Vide the present petition, the petitioner seeks transfer of the rent appeal being RCT-01/2016 titled as Praveen Behl V. Mukesh Kumar (Deceased) through LRs, presently pending in the Court of the District & Sessions Judge-cum-RCT (West), Tis Hazari Courts to the Court of the District & Sessions Judge-cum-RCT (HQs), with a further prayer to the effect that the appeal be disposed of as expeditiously as possible preferably within three months. It has been submitted on behalf of the petitioner that the property in question falls within the Central District being H. No. 3649, Gali Rura Acharwali, Chawri Bazar, Delhi-110006. It has further been submitted also that the proceedings of the said petition were also pending before the then learned District & Sessions Judge

(HQs) as indicated vide proceedings dated 23.2.2015 in the said appeal which was then numbered as RCT 290/13 which is indicated to have been assigned on transfer by the then learned District & Sessions to the court of the learned ARCT (West) who was the undersigned at that stage and the proceedings in the said appeal are thereafter indicated to have been pending and are now pending for the reasons that there is no District & Sessions Judge (West) and thus there was no RCT(West) since the date of hearing 16.11.2017. As apparently the suit property falls within the Central District as is indicated vide proceedings dated 23.2.2015 categorically, the proceedings in relation to the RCT bearing now No.1/2016 presently pending in the Court of the Officiating District & Sessions Judge (West), are transferred from the Court of the District & Sessions Judge (West) and assigned to the RCT Central, i.e., the District & Sessions Judge (HQs) with the request to be taken up as expeditiously as possible in view of the delay due to there being no RCT (West) for a long time.

Parties are directed to appear before the learned District & Sessions Judge (HQ), i.e. the RCT (Central) on 31st August, 2018. A copy of this order be sent to the counsel for the respondent to the present petition, by the Registry.

The petition is disposed of .

ANU MALHOTRA, J JULY 10, 2018/sv