Sonika Goyal v. Tara Joshi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 184/2018 SONIKA GOYAL ..... Petitioner Through Ms. Shilpi Jain Sharma, Adv.

versus TARA JOSHI & ORS ..... Respondents Through Mr. Ankit Anandraj Shah, Adv. For R1.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 21.05.2019 1.

The petitioner has filed the present petition, inter alia, praying that the Suit bearing No.9900/2016 pending before the court of learned ADJ-I, Saket, (South-East District), New Delhi be transferred to this Court. 2.

The learned counsel appearing for the petitioner states that the said suit for declaration in respect of property bearing No.943/8, 3rd floor, part of Khasra No. 317/2 Khewat No. 118/308, ad-measuring 200 sq. yd., situated at Arjun Nagar, Kotla Mubarakpur, Delhi. The petitioner claims that the suit for declaration for title in respect of the said property being CS(OS) No. 35/2017, captioned Deepa Talreja v. Tara Joshi & Ors., is pending before this Court. She submits that some of the issues involved in the present case are somewhat similar to the issues raised in that suit. 3.

The learned counsel appearing for the respondents states that CS(OS) No. 35/2017 ought not to have been filed before this Court and objections to

the valuation have been raised in that matter. He requests that that issue in this regard be kept open.

4.

This Court is not examining the question whether the suit pending before this Court bearing CS(OS) No. 35/2017 has been correctly valued. All other contentions of the parties are left open. However, since it is not disputed that both the suits, that is Suit No. 9900/2016 and CS(OS) No. 35/2017 are in respect of the same property and some of the issues involved in the two suits are common, this Court considers it apposite to allow the present petition. Accordingly, Suit No. 9900/2016, captioned Sonika Goyal v. Tara Joshi & Ors. is withdrawn from the court of learned ADJ-I, Saket, (South-East District), New Delhi, to this Court. The parties are directed to appear before the concerned Registrar (Judicial) on 25.07.2019. 5.

The petition is disposed of.

VIBHU BAKHRU, J MAY 21, 2019 DR