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High Court of DelhiTR.P.(C.)/142/2016

Jugal Kishore v. Jaipal Tomar

2017-04-20Hon'Ble Ms. Justice Pratibha Rani2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 142/2016 JUGAL KISHORE ..... Petitioner Through:

Mr.Satish Kumar Verma, Advocate.

versus JAIPAL TOMAR ..... Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 20.04.2017 1.

The instant transfer petition has been filed by the petitioner praying for transfer of case RC/ARC No.157/2016 titled as 'Jugal Kishore vs. Jaipal' pending in the Court of Ms.Suchi Shahmiri Laler, Rent Controller, Shahdara, Karakardooma Court, Delhi to the Court of learned Rent Controller in North-East District, Karkardooma Court, Delhi. 2.

Notice of the petition was issued to the respondent which has been served on the respondent personally on 1st March, 2017. However, none has appeared on behalf of the respondent despite service. 3.

The petitioner is seeking transfer of RC/ARC No.157/2016 titled as 'Jugal Kishore vs. Jaipal' pending in the Court of Ms.Suchi Shahmiri Laler, Rent Controller, Shahdara, Karakardooma Court, Delhi to the Court of learned Rent Controller in North-East District, Karkardooma Court, Delhi on the strength of proceedings before the learned Rent Controller, Shahdara TR.P.(C.) 142/2016

District, Karkardooma Court where the issue of territorial jurisdiction was raised by the respondent.

4.

Learned counsel for the petitioner submits that initially the petition was instituted in Shahdara District on the basis of jurisdiction of PS Zafrabad which was in Shahdara District but subsequently as per the report of SDM based on Revenue District, the suit property was reported to fall within the area of Village Ghonda, Chauhan Bangar which falls within the jurisdiction of North-East District.

5.

In view of the submissions made above, the case bearing RC/ARC No.157/2016 titled as 'Jugal Kishore vs. Jaipal' is withdrawn from the Court of Ms.Suchi Shahmiri Laler, Rent Controller, Shahdara, Karakardooma Court, Delhi to the Court of learned Rent Controller in North-East District, Karkardooma Court, Delhi for disposal in accordance with law.

6.

Parties are directed to appear before the transferee Court on 15th May, 2017.

7.

Petition is allowed in above terms.

8.

A copy of this order be sent to the concerned courts and be also given dasti to the parties.

PRATIBHA RANI, J.

APRIL 20, 2017 'st'

TR.P.(C.) 142/2016