Usha Soni v. Khajanchi Lal

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 143/2018 & CM APPL. 30847-30848/2018 USHA SONI ..... Petitioner Through:

Mr. Sanjay Gupta, Advocate.

versus KHAJANCHI LAL ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 03.08.2018 Vide the present petition, the petitioner seeks transfer of RCT Appeal no.4/18 titled as "Usha Soni Vs. Khajanchi Lal" pending before the RCT North submitting inter alia to the effect that vide the impugned order in case no. E 370/16 (Old No.41/16) of the learned ARC, North District, Rohini, the Eviction Petition filed by the respondent to the present Transfer Petition has already been allowed and the Execution Petition No.292/18 is listed for the date 10.08.2018 with warrants of possession having already been directed, inasmuch as there was no stay of the proceedings of the Execution Petition. It has been submitted on behalf of the petitioner that the petitioner had sought her remedies for institution of the appeal on 04.05.2018 but from 04.05.2018 onwards till date, as the then learned incumbent RCT North has retired, there is no one posted so far, the proceedings from 04.05.2018 onwards on the dates 04.05.2018,

17.05.2018, 04.07.2018 have been re-notified for the date 30.08.2018 without there being any Presiding Officer deputed and in the event of the execution of the impugned order being effected, the appeal would be rendered infructuous.

In the circumstances, the proceedings of RCT 4/18 are withdrawn from the learned RCT North and assigned to the RCT North West, i.e., to the Court of the District & Sessions Judge, North West to proceed further in accordance with law where the present petitioner is directed to put in appearance on the date 06.08.2018. The petition is disposed of accordingly.

Copy of this order be sent forthwith to the Court of the learned RCT, North West and copy of this order be also given dasti, as prayed.

ANU MALHOTRA, J AUGUST 03, 2018/NC