Shashi Vohra Thr Lrs v. Gainda & ORS

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 174/2017 SHASHI VOHRA (DECEASED) THROUGH LRS ..... Petitioner Through:

Mr. Anil Sharma and Mr. Jaskaran Singh, Advs.

Versus

GAINDA & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 06.11.2017 CM No.39871/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

TR.P.(C.) 174/2017 3.

Transfer, under Section 24 of the Code of Civil Procedure, 1908 (CPC), is sought of Ex. No.186/1990 (old) (New No.62/2013) titled Shashi Vohra (Deceased) through LRs VS. Gainda Ram & Ors pending in the Court of Ms. Harshita Vatsayan, Civil Judge (Central), Tis Hazari Courts, Delhi to the Court of competent jurisdiction at Karkardooma Courts, on the ground that the property for recovery of possession of which the decree has been passed, is situated in District Shahdara. 4.

If the Court, which has passed the decree is not competent to execute the decree, the remedy of the petitioner is to apply for transfer of the decree for execution to the Court having jurisdiction to execute the same and not under Section 24 of the CPC.

5.

Dismissed.

RAJIV SAHAI ENDLAW, J.

NOVEMBER 06, 2017/„bs‟..