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High Court of DelhiTR.P.(C.)/138/2016

Jaspal Singh v. Bhajender Singh & ORS

2017-11-21Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~15 to 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI TR.P.(C.) 136/2016 & CM No.41300/2016 (for stay) JASPAL SINGH ..... Petitioner Through:

Mr. Maninder Jeet Singh, Adv.

Versus

BHAJENDER SINGH & ORS ..... Respondents Through:

Ms. Geeta A. Kumar, Adv.

AND + TR.P.(C.) 138/2016 & CM No.41330/2016 (for stay) JASPAL SINGH ..... Petitioner Through:

Mr. Maninder Jeet Singh, Adv.

Versus

BHAJENDER SINGH & ORS ..... Respondents Through:

Ms. Geeta A. Kumar, Adv.

AND TR.P.(C.) 144/2016 & CM No.42440/2016 (for stay) JASPAL SINGH ..... Petitioner Through:

Mr. Maninder Jeet Singh, Adv.

Versus

SURENDER SINGH ..... Respondent Through:

Ms. Geeta A. Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 21.11.2017 1.

Transfer, invoking Section 24 of the Code of Civil Procedure, 1908 (CPC), is sought of i) M.No.07/2016 in RCA No.71/2013 titled "Jaspal Singh Vs. Bhajender Singh & Ors."; ii) M.No.08/2016 in RCA No.72/2013 titled "Jaspal Singh Vs. Bhajender Singh & Ors."; and, iii) M.No.06/2016 in RCA No.70/2013 titled "Jaspal Singh Vs. Surender Singh", from the Court of Sh. Sunil Beniwal, Additional District Judge (Central), Tis Hazari Courts, Delhi to the Court of District Judge (West), Tis Hazari Courts, Delhi

contending that the properties subject matter of the proceedings of which transfer is sought, are situated in District West. 2.

The petitions were entertained and notice thereof ordered to be issued. 3.

The counsel for the respondents appears and states that what is pending now is only a second review application. 4.

The aforesaid position is not in dispute.

5.

No ground for transfer is made out.

6.

The counsel for the petitioner states that it would be a case of coram non-judice.

7.

There is no merit in the aforesaid contention either. Attention of the counsel for the petitioner has been drawn to Section 21 of the CPC. When the respondents are not objecting to the territorial jurisdiction, the reason for the petitioner to seek transfer cannot have any lawful basis. Dismissed.

RAJIV SAHAI ENDLAW, J NOVEMBER 21, 2017 „gsr‟..