High Court of DelhiTR.P.(C.)/127/2018

Madhu Rani & ANR. v. Prem Chand & ORS.

2018-07-17Hon'Ble Ms. Justice Anu Malhotra2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 127/2018 MADHU RANI & ANR.

..... Petitioners Through:

Mr. Hemant Gupta, Advocate.

versus PREM CHAND & ORS.

..... Respondents Through:

None.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 17.07.2018 Learned counsel for the petitioners present submits that the present petitioners are the appellants to RCT 08/18, which was pending before the RCT East, i.e., in the Court of the District & Sessions Judge, East.

The matter has been taken up in view of the office note dated 13.07.2018 of the learned Registrar General with reference to minutes dated 16.10.2017 of the Hon'ble Administrative and General Supervision Committee of this Court which read to the effect: "that earlier resolution of the Administrative and General Supervision Committee held on 28.09.2015 regarding Item no.8 authorising Principal Judge (Headquarters), Family Courts, Dwarka to consider the request for transfer of the cases from the Family Court Judges on their recusal to hear the cases and to assign the same to another Family Court in the same District

or in the nearest District, as he/she deems fit, is recalled."

In view of the proceedings dated 11.07.2018 of the RCT East observing to the effect that the tenanted premises in question falls within the territorial jurisdiction of District Shahdara and thus, the RCT East lacks territorial jurisdiction qua RCT 8/18 and in view of the observations of the proceedings dated 11.07.2018 of the RCT East to the effect that the tenanted premises falls within the territorial jurisdiction of District Shahdara in terms of the proceedings dated 16.10.2017 of the Hon'ble Administrative and General Supervision Committee of this Court, the proceedings of RCT 8/18 presently pending before the RCT of the East in the Court of the District & Sessions Judge East are withdrawn from the said Court and are assigned to the RCT Shahdara, i.e.

, to the Court of the District & Sessions Judge, Shahdara where the parties are directed to appear on 20.08.2018 and an intimation to this effect be also issued to the respondents and counsel representing them by the Registry. Learned counsel for the petitioners submits that the petitioners would take appropriate steps seeking transfer of the proceedings in relation to other proceedings between the parties and also of the eviction petition from the ARC, East.

ANU MALHOTRA, J JULY 17, 2018/NC