Mauli v. Rachna Anand & ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 3/2017 MAULI ..... Petitioner Through:

Mr.P.N.Sharma, Advocate.

versus RACHNA ANAND & ANR ..... Respondents Through:

Mr.Sunil Sirohi, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 21.04.2017 1.

The present transfer petition has been filed by the petitioner seeking transfer of Civil Suit No.2791/16 titled as 'Smt. Mauli vs. Rachna Anand' filed by the petitioner herein and pending in the Court of Ms.Nisha Saxena, ADJ (East District), Karkardooma Courts, Delhi to the Court of Dr. Hardeep Kaur, ADJ, (Shahdara District), Delhi where Civil Suit No.1833/16 filed by the respondent No.1 herein in respect of the same property is pending. 2.

Notice of the petition was ordered to be issued to the respondents for today. Although as per the office report, notice could not be issued to the respondents as process fee was not filed by the petitioner, learned counsel for respondent No.2 has put in appearance today. 3.

Learned counsel for the petitioner submits that the suit property is situated within the territorial jurisdiction of Shahdara District, hence Civil Suit No.2791/16 titled as 'Smt. Mauli vs. Rachna Anand' pending in the Court of Ms.Nisha Saxena, ADJ (East District), Karkardooma Courts, Delhi may be transferred to the Court of Dr. Hardeep Kaur, ADJ, (Shahdara District), Delhi where Civil Suit No.1833/16 filed by the respondent No.1 TR.P.(C.) 3/2017

herein in respect of the same property is pending. 4.

Learned counsel for the respondent No.2 submits that he has no objection if the prayer of the petitioner is allowed. 5.

Learned counsel for the petitioner submits that Mr.Vivek Srivastava, Advocate representing respondent No.1 before the learned Trial Court has also informed him that he has no objection if the prayer made in this transfer petition is allowed.

6.

In view of the above submissions made above, Civil Suit No.2791/16 titled as 'Smt. Mauli vs. Rachna Anand' is withdrawn from the Court of Ms.Nisha Saxena, ADJ (East District), Karkardooma Courts, Delhi and is assigned/transferred to the Court of Dr. Hardeep Kaur, ADJ, (Shahdara District), Delhi where Civil Suit No.1833/16 filed by the respondent No.1 herein in respect of the same property is pending, for disposal in accordance with law.

7.

It is informed that next date of hearing in Civil Suit No.1833/16 pending before the Court of Dr. Hardeep Kaur, ADJ, (Shahdara District), Delhi is 2nd June, 2017.

8.

Parties are directed to appear before the transferee Court on 2nd June, 2017.

9.

The petition stands disposed of in above terms. 10.

Copy of the order be given dasti to learned counsel for the parties. A copy of this order be also sent to the Courts concerned through concerned District Judge.

PRATIBHA RANI, J.

APRIL 21, 2017/'st'

TR.P.(C.) 3/2017