Ravinder Singh v. Dilbagh Singh & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 81/2017 RAVINDER SINGH ..... Petitioner Through:

Mr. Anshuj Dhingra, Adv.

Versus

DILBAGH SINGH & ORS ..... Respondents Through:

Mr. Sharad Chandra, Adv. for R-1&2.

Mr. Kartik Sethi, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 24.10.2017 1.

Transfer, under Section 24 of the Code of Civil Procedure, 1908, is sought of CS No.1174/2017 titled Ravinder Singh Vs. Dilbagh Singh & Ors. pending in the Court of Dr. Vijay Kumar Dahiya, Additional District Judge (ADJ)-07 (Central), Tis Hazari Courts, Delhi to the Court of Ms. Kaveri Baweja, ADJ-03 (West), Tis Hazari Courts, Delhi where CS No.609767/2016 is pending for adjudication.

2.

Notice of the petition was ordered to be issued and counsel for respondents no.1&2 and the counsel for respondent No.4 appear and have no objection. None appears for the respondent No.3 who is stated to be exparte in the suits also. 3.

Both suits are stated to be for partition of the same properties between the same parties.

4.

I have enquired the need for two suits for partition. TR.P.(C.) 81/2017

5.

All counsels agree that there is no need but they have still allowed the two suits to continue.

6.

Be that as it may, the petition is allowed. CS No.1174/2017 titled Ravinder Singh Vs. Dilbagh Singh & Ors. pending in the Court of Dr. Vijay Kumar Dahiya, Additional District Judge (ADJ)-07 (Central), Tis Hazari Courts, Delhi is ordered to be transferred to the Court of Ms. Kaveri Baweja, ADJ-03 (West), Tis Hazari Courts, Delhi where CS No.609767/2016 is pending and listed next on 5th December, 2017. 7.

The Transferor Court is requested to forthwith physically transfer the file.

8.

The parties to appear in the transferred suit before the Transferee Court on 5th December, 2017.

The petition is disposed of.

RAJIV SAHAI ENDLAW, J.

OCTOBER 24, 2017 bs ..

TR.P.(C.) 81/2017