Manila Soin v. State & ORS

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 222/2018 MANILA SOIN ..... Petitioner Through:

Mr. Mohit Gupta, Mr. Deepshika Bansal, Mr. Divij Soni and Mr.Varun, Advs.

versus STATE & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 28.11.2018 C.M. No.49490/2018 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is allowed.

TR.P.(C.) 222/2018 3.

The petitioner, by this transfer petition under Section 24 of Code of Civil Procedure, 1908, seeks transfer of her Guardianship Case No.GP 7/2016 titled as 'Manila Soin Vs. The State & Ors.' pending before the learned District Judge, West District, Tis Hazari Courts, Delhi to some other competent Court. He contends that the evidence has been concluded by the petitioner before the learned District Judge, West District, Tis Hazari Courts, Delhi. The matter is at the stage of final hearing and after retirement of the learned District Judge, West District, Tis Hazari Courts, Delhi on 31.10.2017, no new incumbent

has been appointed and the officiating District Judge is not empowered to deal with the matter.

4.

The petitioner has also annexed the affidavits of respondents No.2 and 3, who are the grand-mother and grand-father of the minor. 5.

In the circumstances, the Guardianship Case bearing No.GP 7/2016 titled as 'Manila Soin Vs. The State and others' is withdrawn from the Court of the learned District Judge, West District, Tis Hazari Courts, Delhi and transferred to the Court of District Judge (HQs), Central District, Tis Hazari Courts, Delhi to try and decide the case in accordance with law.

6.

The petition is disposed of.

VINOD GOEL, J.

NOVEMBER 28, 2018 "sandeep"