Neelam Dawar & ORS v. Usha Kamra & ORS

$~15 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 71/2016 & CM No.25254/2016 (for stay) NEELAM DAWAR & ORS ..... Petitioners Through:

Mr. Pradeep Kumar, Adv.

Versus

USHA KAMRA & ORS ..... Respondents Through:

Mr. Mayank Dawar, Adv. for Mr.

Dinesh Chawla, Adv.

AND + TR.P.(C.) 72/2016 & CM No.25258/2016 (for stay) HITESH KUMAR & ORS ..... Petitioners Through:

Mr. Pradeep Kumar, Adv.

Versus

USHA KAMRA & ANR ..... Respondents Through:

Mr. Mayank Dawar, Adv. for Mr.

Dinesh Chawla, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 13.11.2017 1.

Transfer, invoking Section 24 of the Code of Civil Procedure, 1908, is sought of (I) Probate Case No.35/2015 titled „Usha Kamra & Ors. Vs. Neelam Dawar & Ors.‟; and, (II) Probate Case No.34/2015 titled „Usha Kamra & Ors. Vs. Hitesh Kumar & Ors.‟, both of the Court of Sh. Sanjay TR.P.(C.) 71/2016 & TR.P.(C.) 72/2016

Kumar, Additional District Judge (ADJ)-02 (West), Tis Hazari Courts, Delhi to the District Judge (Headquarters), Tis Hazari Courts, Delhi where another petition which is coming on 5th December, 2017 is listed. 2.

The counsel for the petitioners states that all the three proceedings are for revocation of the same probate.

3.

Notice of the petitions was ordered to be issued and the counsel for the respondents appears and has no objection. 4.

The petitions are allowed; the proceedings aforesaid of the Court of Sh. Sanjay Kumar, ADJ-02 (West), Tis Hazari Courts, Delhi are ordered to be transferred to the Court of District Judge (Headquarters), Tis Hazari Courts, Delhi.

5.

The Transferor Court to forthwith physically transfer the file to the Transferee Court.

6.

The parties to appear in the transferred proceedings before the District Judge (Headquarters), Tis Hazari Courts, Delhi on 5th December, 2017. 7.

The petitions are disposed of.

RAJIV SAHAI ENDLAW, J.

NOVEMBER 13, 2017 bs ..

TR.P.(C.) 71/2016 & TR.P.(C.) 72/2016