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High Court of DelhiTR.P.(C.)/166/2017

Harpal Singh v. Harmeet Singh

2017-10-27Hon'Ble Mr. Justice Rajiv Sahai Endlaw3 pages

$~28 & 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 166/2017 HARPAL SINGH ..... Petitioner Through:

Mr. T.S. Ahuja, Adv.

Versus

HARMEET SINGH ..... Respondent Through:

Respondent-in-person.

AND TR.P.(C.) 167/2017 HARPAL SINGH ..... Petitioner Through:

Mr. T.S. Ahuja, Adv.

Versus

HARMEET SINGH & ANR ..... Respondents Through:

Respondents-in-person.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 27.10.2017 CM No.38379/2017 in TR.P.(C.) 166/2017 & CM No.38380/2017 in TR.P.(C.) 167/2017 (both for exemption) 1.

Allowed, subject to just exceptions.

2.

The applications are disposed of.

3.

Transfer is sought of (a) CS/SCJ/594193/16 titled Harmeet Singh Vs. Harpal Singh pending in the Court of Ms. Harshita Vatsayan, Civil Judge (Central), Tis Hazari Courts, Delhi; and, of (b) CS/DJ/578079/16 titled Harmeet Singh Vs. Harpal Singh & Anr pending in the Court of Sh. Sunil Chaudhary, Additional District Judge (North-West), Rohini Courts, Delhi, to this Court, to be taken up along with CS(OS) No.2098/2015 titled Harpal

Singh Vs. Harmeet Singh & Ors of this Court.

4.

The counsel for the petitioner states that the disputes subject matter of all the suits have been settled in mediation and it has also been agreed in mediation that the aforesaid two suits will be transferred to this Court for all the three suits to be disposed of together. He further states that the respondent/s in each of the petition identified by him, are present in this Court and have also given their no objection to the transfer. 5.

I have enquired from the counsel for the petitioner as to why the decree in terms of settlement in mediation cannot be passed in the suit pending in this Court and the suits sought to be transferred disposed of in terms thereof.

6.

The counsel for the petitioner states that the counsel for the respondent/s, in mediation, insisted on the trasnfer. 7.

Believing the counsel for the petitioner, the petitions are allowed. 8.

CS/SCJ/594193/16 titled Harmeet Singh Vs. Harpal Singh pending in the Court of Ms. Harshita Vatsayan, Civil Judge (Central), Tis Hazari Courts, Delhi and CS/DJ/578079/16 titled Harmeet Singh Vs. Harpal Singh & Anr pending in the Court of Sh. Sunil Chaudhary, Additional District Judge (North-West), Rohini Courts, Delhi are, in exercise of powers under Section 24 of the Code of Civil Procedure, 1908, transferred to this Court to be taken up along with CS(OS) No.2098/2015 titled Harpal Singh Vs. Harmeet Singh & Ors of this Court.

9.

The Transferor Courts to forthwith physically transfer the files. 10.

The parties to appear before this Court in the transferred suits on 17th November, 2017, when CS(OS) No.2098/2015 of this Court is stated to be listed.

11.

The petitions are disposed of.

A copy of this order be given dasti.

RAJIV SAHAI ENDLAW, J.

OCTOBER 27, 2017 bs ..