Nikhil Chaudhary v. Devandand Singh & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 170/2018 NIKHIL CHAUDHARY ..... Petitioner Through:

Mr Vivek Srivastava, Advocate.

versus DEVANDAND SINGH & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.05.2019 1.

The petitioner has filed the present petition, inter alia, praying that the three suits mentioned in the petition be consolidated and transferred to the same Court.

2.

The petitioner has filed a suit for injunction bearing CS No. 8603/2016 captioned "Nikhil Chaudhary v. Devanand Singh" which is pending before the Court of the learned SCJ/RC, East, Karkardooma Court, Delhi. It is stated that the said suit relates to the property bearing No. 9/5326, Old Seelampur, Shahadra, Delhi. The petitioner states that the said suit has been filed against the co-sharer of the suit property. The petitioner filed another suit bearing Suit No. 6884/2016 against one Sh. Ramesh Agarwal. It is stated that the said suit is also filed for an injunction against the defendant in the said suit, who is a tenant in the said premises. The said defendant has also filed an application for being impleaded in the suit bearing CS No. 8603/2016, which is pending consideration.

3.

The third suit is a suit bearing No. 710/2017 captioned "Nikhil

Chaudhary v. Devanand Singh". It is stated that the said suit is also in respect of the same property (property bearing No. 9/5326, Old Seelampur Shahadra, Delhi) and is against the co-sharer of the said property. The said suit is currently pending in the Court of the learned ACJ-CCJ-ARC, Shahdara, Karkardooma Courts Complex.

4.

It is stated that the property in question is located within the Shahdara District.

5.

In view of the averments made in the said petition and considering that the issues involved in the said suits are also relevant to the subject disputes in other suits, this Court considers it apposite that CS No. 8603/2016 captioned 'Nikhil Chaudhary v. Devanand Singh' and Suit No. 6884/2016 captioned 'Nikhil Chaudhary v. Ramesh Agarwal' pending before the learned SCJ/RC, East, Karkardooma Court, Delhi be transferred to the Court of the District and Sessions Judge (Shahdara District), Karkardooma Courts Complex. It is so directed 6.

The parties are directed to appear before the concerned Court on 05.07.2019.

7.

The petition is disposed of.

VIBHU BAKHRU, J MAY 24, 2019 RK