Savitri Devi v. Delhi Development Authority & ORS

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 105/2016 SAVITRI DEVI ..... Petitioner Through:

Mr.Raj Kumar, Advocate versus DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through:

None

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 18.05.2017 1.

The present transfer petition has been filed by the petitioner with the prayer that the case i.e. RCA No.227/2016 titled as 'Smt.Savitri Devi & Anr. Vs. Delhi Development Authority & Ors.' pending in the Court of Sh.Talwant Singh, District Judge, East District, Karkardooma Courts, Delhi may be transferred to the Court of District Judge, Shahdara District, Karkardooma Courts, Delhi as the territorial jurisdiction to entertain the said appeal is vested with the Court of learned District Judge, Shahdara District, Karkardooma Court, Delhi.

2.

Notice of the petition was issued to the respondents and except respondent No.1/DDA all the respondents have been unserved. 3.

Learned counsel for the petitioner submits that in this case only DDA is the contesting party and respondent Nos.2 to 5 are proforma respondents. He further submits that the property involved in aforementioned appeal is TR.P.(C.) 105/2016

situated in the newly created Shahdara District, hence the appeal may be ordered to be transferred to the Court of District Judge, Shahdara District, Karkardooma Courts, Delhi.

4.

None has appeared on behalf of the respondent No.1/DDA. 5.

In view of the admitted position that the subject matter falls within the jurisdiction of Shahdara District, RCA No.227/2016 titled as 'Smt.Savitri Devi & Anr. Vs. Delhi Development Authority & Ors.' is withdrawn from the Court of learned District Judge, East District, Karkardooma Court, Delhi and assigned/transferred to the Court of learned District Judge, Shahdara District, Karkardooma Court, Delhi with direction to try the appeal himself/herself or assign the same to the Court having jurisdiction to try and decide the appeal.

6.

Parties are directed to appear before the Court of learned District Judge, Shahdara District, Karkardooma Court, Delhi on 31st May, 2017. 8.

Case file of RCA No.227/2016 titled as 'Smt.Savitri Devi & Anr. Vs. Delhi Development Authority & Ors.' be sent to the Court of learned District Judge, Shahdara District before 31st May, 2017. 9.

The transfer petition is allowed.

10.

A copy of this order be sent to the Courts concerned for information and compliance and be also given dasti to the parties, as prayed. PRATIBHA RANI, J.

MAY 18, 2017 'pg'

TR.P.(C.) 105/2016