Sona Kanta Nabh v. Arpana Skanda

$~A-71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 93/2016 SONA KANTA NABH ..... Petitioner Through Mr.Sudhir Batra, Adv.

versus ARPANA SKANDA ..... Respondent Through Ms.Vinita Tomar, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 15.09.2016 1.

By the present petition under section 24 CPC the petitioner seeks transfer of Suit No.675/2014 pending in the Court of Shri Pranjal Aneja, Civil Judge, Tis Hazari Courts. As per the averments in the Transfer Petition the petitioner has filed a suit for recovery of possession and arrears of rent and occupational charges. The suit property is situated at Anupam Shopping Arcade, Saket, New Delhi which is within the jurisdiction of South District and it is averred that the territorial jurisdiction of this case falls in the Saket Court. The suit was filed in 2004 and is pending in the Tis Hazari District Courts which earlier had jurisdiction of this case. Hence, transfer is sought to the appropriate court which has territorial jurisdiction over the suit property, namely, Saket District Courts.

2.

Learned counsel appearing for the respondent has pointed out that the present application is belated inasmuch as the suit is filed in 2004 and has been meandering because of no steps were taken by the petitioner. She submits that till date even issues have not been framed. TRP.C.93/2016

3.

Learned counsel for the petitioner has denied the contention of the respondent that the suit is not being properly prosecuted. He submits that delay is taking place on account of repeated applications being filed by the respondent.

4.

Be as it may, the suit property is situated at Saket. It is appropriate that the Saket Court deals with the present suit. The suit is accordingly directed to be transferred to be heard by the concerned District Court in Saket.

5.

Petition stands allowed accordingly. All pending applications, if any, also stand disposed of accordingly.

JAYANT NATH, J SEPTEMBER 15, 2016 'n'

TRP.C.93/2016