Jasram (Deceased) Thr Lrs & ORS v. Union Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 200/2018 JASRAM (DECEASED) THR LRS & ORS ..... Petitioner Through:

Mr. Arush Bhandari, Advocate.

versus UNION OF INDIA & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 27.11.2018 1.

An execution petition No.854/2018 was preferred by the Decree Holder/petitioner before the Court of the learned ADJ-02, (South) Saket Courts, New Delhi. It was observed by the learned ADJ that the property in question is situated within the revenue estate of village Jasola which comes in the jurisdiction of South East District. The matter was placed before the learned District & Sessions Judge, South District, Saket on 15.10.2018, who in turn directed the petitioner/decree holder to appear before the Registrar General of this Court.

2.

The office of the Registrar General has prepared a note dated 23.10.2018 giving reference to a decision of the Administrative and General Supervision Committee of this Court dated 16.10.2017 which reads as under:- "that earlier resolution of the Administrative and General Supervision Committee held on 28.09.2015 regarding item

No.8 authorising Principal Judge (Headquarters), Family Courts, Dwarka to consider the request for transfer of the cases from the Family Court Judges on their recusal to hear the cases and to assign the same to another Family Court in the same District or in the nearest District, as he/she deems fit, is recalled.

Therefore, henceforth the request received from District & Sessions Judge and Principal Judges, Family Court for transfer of case from one District to another District, subordinate to the High Court and competent to try or dispose of the same, upon recusal or for any other reason, shall be placed by the Registry by way of reference before the concerned Bench for appropriate consideration and orders. The same be done for the items No.2 and 3."

3.

Since the property in question falls within the jurisdiction of South East District, it is ordered that the execution petition No.854/2018 be withdrawn from the Court of the learned ADJ-02, (South District) Saket Courts, New Delhi and transferred to the Court of learned District & Sessions Judge, South East District, Delhi, who is requested to either retain the matter or assign the same to any competent court under his jurisdiction to try and decide the execution in accordance with law. 4.

The petition is disposed of accordingly. The petitioner/decree holder is directed to appear before the District & Sessions Judge, South East District on 10.12.2018.

5.

Dasti.

VINOD GOEL, J.

NOVEMBER 27, 2018 "sandeep"