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High Court of DelhiTR.P.(C.)/118/2016

Malvika Vohra v. Kiran Luthra & ANR

2016-10-17Hon'Ble Mr. Justice Jayant Nath2 pages

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 118/2016 & CM No.38070/2016 (exemption) MALVIKA VOHRA ..... Petitioner Through Mr.Amit Bhagat, Advocate versus KIRAN LUTHRA & ANR.

..... Respondents Through Ms.Vaishali Deshpande, Adv. for R-1

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 17.10.2016 CM No.38070/2016(exemption) Allowed subject to all just exceptions.

TR.P.(C.) 118/2016 1.

By the present petition filed under Section 24 of the CPC, the petitioner seeks to transfer of the suit being No.MISC/SCJ/68/2016, titled as 'Malvika Vohra & Anr. v. Kiran Luthra, pending in the court of Ms.Neeti Suri Mishra, Civil Judge (South-West), Dwarka Courts, New Delhi to the court of Civil Judge (South-West), Patiala House Courts, New Delhi. 2.

It is stated that present suit is filed by the petitioner for a decree of permanent injunction praying that the respondent be restrained from entering into the premises bearing No.D-104, Som Vihar, R.K.Puram, New Delhi. At the time of filing of the suit, the District Courts at Dwarka had the territorial jurisdiction to hear the matters pertaining to R.K.Puram, forming part of the Vasant Vihar Sub-Division. Subsequently, vide a Notification, the SubTR.P(C) 118/2016

Division of the Vasant Vihar and Delhi Cantonment were shifted from the South-West District to the New Delhi District. Hence, it is urged that the matters pertaining to the Vasant Vihar Sub-Division were transferred to the Patiala House Courts, New Delhi.

3.

The learned counsel appearing for the respondents has entered appearance and submitted that she has no objection to the present petition. 4.

I have heard the learned counsel for the parties. In view of the above, it is appropriate that the suit filed by the petitioner be transferred to appropriate court in New Delhi District.

5.

Accordingly, the present petition is allowed. The suit filed by the petitioner being No.MISC/SCJ/68/2016, titled as 'Malvika Vohra & Anr. v. Kiran Luthra, pending in the court of Ms.Neeti Suri Mishra, Civil Judge (South-West), Dwarka Courts, New Delhi is transferred to the court of Civil Judge (South-West), Patiala House Courts, New Delhi. JAYANT NATH, J.

OCTOBER 17, 2016/v TR.P(C) 118/2016