Dalip Kumar Saluja vs Vijay Kumar Saluja

                          $~2
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       TR.P.(C.) 6/2022, CM APPL. 4692/2022
                                  DALIP KUMAR SALUJA                                       ..... Petitioner

                                                     Through:     Mr. Praveen Suri, Adv.
                                                     versus

                                  VIJAY KUMAR SALUJA & Ors.                            ..... Respondents
                                                     Through:     Ms. Beenashaw N. Soni, Adv. (legal
                                                                  Aid) for R-1.

                          %                                       Date of Decision: 4th July, 2022
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                        JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. The present petition has been filed for transfer under Section 24 of the CPC for transferring the case titled as "Vijay Kumar Saluja v. Dalip Kumar Saluja" bearing CS No. 1266/2021 pending in the Court of learned Civil Judge, District West, Tis Hazari Courts, Delhi before this Court. It has been submitted that a suit for declaration tilted as "Dalip Kumar Saluja v. Vijay Kumar Saluja" bearing CS (OS) No. 24/2021 is pending disposal before this Court.

2. Learned counsel for the petitioner submits that in both the suits, the subject matter of the property is 3/131, Ramesh Nagar, New Delhi- 110015 and therefore in order to avoid any contradictory decisions, it TR.P.(C.) 6/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:07.07.2022 12:35:17 would be in interest of justice that the suit pending before learned Civil Judge bearing CS No. 1266/2021 be transferred to this Court.

3. Ms. Beenashaw N. Soni, learned legal Aid counsel for respondent No.1 states that as per instructions, she has no objection if the CS No. 1266/2021 pending before learned Civil Judge, District West, Tis Hazari Courts, Delhi is transferred to this Court.

4. Learned counsel for the petitioner has invited the attention of this Court to the order dated 9th March, 2022 whereby it has been recorded that respondent No.2 and 3 have not joined the proceedings despite being served.

5. It has further been submitted that even otherwise, the suit bearing CS No. 1266/2021 which is to be transferred, is only between petitioner and respondent No.1.

6. In view of the submissions made, the present petition is allowed.

7. The civil suit bearing CS No. 1266/2021 titled as "Vijay Kumar Saluja v. Dalip Kumar Saluja" is withdrawn from the Court of learned Civil Judge, District West, Tis Hazari Courts, Delhi and transferred to this Court.

8. Registry is directed to take necessary steps for requisition of the record and for placing it before the Roster Bench as per directions of Hon'ble the Chief Justice.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:07.07.2022 12:35:17

9. In view of the above, the present petition along with pending applicaiton stands disposed of.

DINESH KUMAR SHARMA, J JULY 4, 2022 Pallavi TR.P.(C.) 6/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:07.07.2022 12:35:17