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High Court of DelhiTR.P.(C.)/44/2015

Shahzad Ahmad v. Ilyas Azmi & ORS

2015-12-03Hon'Ble Ms. Justice Pratibha Rani4 pages

$-24 to 28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 40/2015 RUHIKARIM - Petitioner Through;

Mr.A.Hassan and Mr.A.Ahmad, Advocates.

versus ILYAS AZMI & ORS Respondents Through:

Mr.Javed Khan, Advocate.

AND + TR.P.(C.) 41/2015 RAZIANASREEN .....Petitioner Through:

Mr.A.Hassan and Mr.A.Ahmad, Advocates.

versus ILYAS AZMI & ORS Respondents Through:

Mr.Javed Khan, Advocate.

AND + TR.P.(C.) 42/2015 ARIF KHAN Petitioner Through:

Mr.A.Hassan and Mr.A.Ahmad, Advocates.

versus ILYAS AZMI & ORS Respondents Through:

Mr.Javed Khan, Advocate.

TR.P.(C)Nos.40to44of2015 By:AMULYA

AND + TR.P.(C.) 43/2015 IFFAT RASOOL Petitioner Through;

Mr.A.Hassan and Mr.A.Ahmad, Advocates.

versus ILYAS AZMI & ORS Respondents Through:

Mr.Javed Khan, Advocate.

AND + TR.P.(C.) 44/2015 SHAHZAD AHMAD Petitioner Through:

Mr.A.Hassan and Mr.A.Ahmad, Advocates.

versus ILYAS AZMI & ORS Respondents Through:

Mr.Javed Khan, Advocate.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

ORDER

% 03.12.2015 1.

By filing these petitions bearing TR.P.(C) Nos.40/2015 to 44/2015, the petitioners have prayed that suits filed by the present petitioners against the respondents herein i.e. CS No.632/2014 titled as Ruhil Karim V5'. Ilyas Azmi & Ors., CS No.626/2014 titled as Razia Nasreen vs. Ilyas Azmi & Ors., CS No.627/2014 titled as ArifKhan vs. Ilyas Azmi & Ors. and CS

M No.624/2014 titled as Shahzad Ahmad vs. Ilyas Azmi & Ors. pending in the Court of Sh.R.K.Chauhan, ADJ, South-West District, Saket Court, Delhi and five suits filed by the respondent No.l herein against the present petitioners i.e. CS No. 151/2014 titled Ilyas Azmi V5. Ruhi Karim , CS No.249/2014 titled Ilyas Azmi vs. Razia Nasreen, CS No.250/2014 titled Ilyas Azmi vs. Arif Khan, CS No.89/2014 titled Ilyas Azmi V5. Iffat Rasool and CS No.88/2014 titled Ilyas Azmi vs. Shahzad Ahmad pending in the Court of Ms.Sunaina Sharma, ADJ, South-East District, Saket Court, Delhi may be tried by one Court to avoid conflicting judgments. 2.

Learned counsel for the parties submit that since the properties in question, which are the subject of these civil suits, are situated in South-East District, the Court of Ms.Sunaina Sharma, ADJ, South-East District is the competent Court to try all these cases. Learned counsel for the parties pray that the five suits filed by the petitioners i.e. CS No.632/2014 titled as Ruhil Karim vs. Ilyas Azmi & Ors., CS No.626/2014 titled as Razia Nasreen vs. Ilyas Azmi & Ors., CS No.627/2014 titled as Arif Khan vs. Ilyas Azmi & Ors. and CS No.624/2014 titled as Shahzad Ahmad vs. Ilyas Azmi & Ors. pending in the Court of Sh.R.K.Chauhan, ADJ, South-West District, Saket Court, Delhi may be transferred to the Court of Ms.Sunaina Sharma, ADJ, South-East District, Saket Court, Delhi.

3.

In view of the above submissions made on behalf of the parties, CS No.632/2014 titled as Ruhil Karim vs. Ilyas Azmi & Ors., CS No.626/2014 titled as Razia Nasreen V5. Ilyas Azmi & Ors., CS No.627/2014 titled as Arif Khan vs. Ilyas Azmi & Ors. and CS No.624/2014 titled as Shahzad Ahmad vs. Ilyas Azmi & Ors. pending in the Court of Sh.R.K.Chauhan, ADJ, South-West District, Saket Court, Delhi are transferred to the Court of

Ms.Sunaina Sharma, ADJ, South-East District, Saket Court, Delhi, where five suits filed by the respondent No.l herein against the present petitioners i.e. CS No.151/2014 titled Ilyas Azmi vs. Ruhi Karim , CS No.249/2014. titled Ilyas Azmi vs. Razia Nasreen, CS No.250/2014 titled Ilyas Azmi v.?. Arif Khan, CS No.89/2014 titled Ilyas Azmi vs. Iffat Rasool and CS No.88/2014 titled J/yas' Azmi vj'. Shahzad Ahmad are pending, for disposal in accordance with law.

4.

It is informed by learned counsel for the parties that the next date of hearing fixed before the Court of Mr.R.K.Chauhan, ADJ, South-West District, Saket Court, Delhi is 7'^ December, 2015 and before the Court of Ms.Sunaina Sharma, ASJ, South-East District, Saket Court, Delhi is 21®' December, 2015.

5.

The parties are directed to appear before the transferee Court i.e. before the Court Ms.Sunaina Sharma, ADJ, Sourth-East District, Saket Court, Delhi on 21®' December, 2015.

6.

All the five petitions stand disposed of.

7.

Copy of the order be sent to the Courts concerned through concerned District Judges for information and compliance. 8.

As prayed, copy of the order be also given dasti to learned counsel for the parties under the signature of Court Master. PRATIBHA RANI, J.

DECEMBER 03,2015 'st'