Iqbal Singh (Deceased) Thr v. Hari Kishan (Deceased) Thr Lrs
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + IQBAL SINGH (DECEASED) THR ..... Petitioner Through:
Mr. Deepak Khosla, Advocate.
versus HARI KISHAN (DECEASED) THR LRS ..... Respondent Through:
Mr. Lokesh Chopra, Advocate.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% 06.09.2018 In terms of proceedings dated 16.08.2018, the Trial Court Record in the form of a CD has been received and perused. Learned counsel for the petitioner has also produced the certified copies of proceeding sheets in CS No.890/16 from the date 19.05.2016 onwards which suit is now indicated to be pending before the learned Court of the ADJ-03, East, KKD Delhi for the date of hearing 11.10.2018. The Trial Court Record in the e-form indicates that the matter is at the stage of final arguments from the date 19.05.2016 onwards. The proceedings of the learned Trial Court indicate that substantial final arguments have been addressed in the matter to the then incumbent of the Court of the learned ADJ-03, East from the date 30.05.2017 onwards, i.e., on 30.05.2017, 19.07.2017, 20.07.2017, 11.08.2017, 28.10.2017, whereafter the then incumbent of the Court of the learned ADJ-03 having been transferred, the
proceedings had been assigned to the Court of the then ADJ-04, East and on a transfer application having been filed bearing No. M 949/17, the proceedings of the suit bearing no. CS No.890/16 were transferred by the District & Sessions Judge, East to the learned Presiding Officer who had been hearing the final arguments since 30.05.2017 to the learned ADJ-03, East, Mr. Vipin Kumar Rai who as per the proceeding sheet on the record and as indicated through the e-form of the Trial Court Record has heard arguments thereafter on 07.03.2018, 21.03.2018, 25.03.2018, 12.04.2018, 21.04.2018, 28.04.2018, 10.05.2018, 02.06.2018 when the matter was fixed for further arguments which having been addressed had been put up for clarification, if any/order on 08.06.2018, and vide notification no.53/DHC/Gaz./G-1/VI.E.S(a)/2018 dated 04.06.
2018 of this Court, the said learned ADJ-03, East was transferred at Serial no.7 of the said notification as ADJ-06, South East with reliance having been placed as observed vide proceedings dated 16.08.2018 in the present transfer petition no.132/18 on behalf of the petitioner at note 2 of the said notification which is once again reproduced to the effect:- "2. In case any final order/judgment has been reserved by the Judicial Officer who is transferred by virtue of this order, he/she shall pronounce the final order/judgment on the date fixed irrespective of transfer, after notifying the parties and their respective counsel by a Public Notice published by display with cause list of both courts."
submitting to the effect that in terms of the said notification and note 2 thereof, in the event of any final order/judgment having been reserved by the Judicial Officer who is transferred by the virtue of order dated 04.06.2018, he/she shall pronounce the final order/judgment on the date fixed irrespective of transfer, after notifying the parties and their respective counsel by a Public Notice published by display with cause list of both courts.
As observed vide proceedings dated 16.08.2018 and as submitted by the learned counsel for the respondent in reply to a specific court query even now, there is no opposition to the prayer made by the petitioner seeking that the further proceedings of CS No.890/16 be now withdrawn from the Court of the ADJ-03, East, KKD Delhi where they are presently pending and be assigned to the learned ADJ, Mr. Vipin Kumar Rai presently posted as ADJ-06, South East, Saket in view of note 2 of the notification no.53/DHC/Gaz./G-1/VI.E.S(a)/2018 dated 04.06.2018 In the circumstances, as the proceeding sheets of CS No.890/16 adverted to hereinabove reflect that arguments have been heard extensively at length by the learned Presiding Officer, ADJ, Mr.
Vipin Kumar Rai, in the interest of justice in the facts and circumstances thus of the instant case where several hearings have taken place before the said learned Judicial Officer who had fixed the matter for clarification/orders when he had been transferred before the date of the pronouncement of the orders, it is considered appropriate to withdraw the proceedings of CS No.
ADJ-03, East, KKD Delhi which is assigned for final disposal in accordance with law to the Ld. Judicial Officer, Mr. Vipin Kumar Rai presently posted as ADJ-06, South East.
The records of the said suit be placed before the Court of Mr. Vipin Kumar Rai, ADJ-06, South East on the date 01.10.2018 at 2.30 PM and the parties are directed to appear before the said learned Court.
The petition is disposed of accordingly.
ANU MALHOTRA, J SEPTEMBER 06, 2018/NC