Delhi High Court
Sh.Dharambir Soni vs Sh.Rajinder Kumar on 16 March, 2009
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TRP No.04/2009
% Date of Decision: 16.03.2009
Sh.Dharambir Soni .... Petitioner
Through Mr.Dalip Rastogi, Advocate.
Versus
Sh.Rajinder Kumar .... Respondent
Through Mr.S.C.Singhal, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
*
IA No.3392/2009
Allowed subject to all just exceptions. Application is disposed of.
TRP No.04/2009
Issue notice to the respondent. Mr.Singhal accepts notice.
This is a petition seeking transfer of Suit No.429/2006 titled as
Rishal Singh since deceased through his legal representative v.
Sh.Dharambir Soni pending before Sh.G.P.Singh, Civil Judge, Delhi
(now pending before Sh.Vinod Kumar, Civil Judge, Delhi) to the Court
where the suit No.05/2008 titled as Rajinder Kumar v. Dharambir Soni
is pending before Sh.Arun Bhardwaj, Additional District Judge,
Dwarka, New Delhi.
The applicant has contended that Sh.Rajinder Kumar filed a suit
for recovery of Rs.4,21,200/- as damages at the rate of Rs.300/- per
day in respect of a shop in property No.WZ-124, Ram Chowk, Palam
Colony, New Delhi against the petitioner alleging him to be an
unauthorized occupant of the said shop.
It is also contended that Sh.Rishal Singh father of the respondent
Sh.Rajinder Kumar had filed a suit for possession and recovery of
arrears of rent amounting to Rs.51,000/- against the petitioner in
respect of shop in property No.WZ-124, Ram Chowk, Palam Colony,
New Delhi on 12th March, 1997.
Since both the suits pertain to the shop in property No. WZ-124,
Ram Chowk, Palam Colony, New Delhi and the parties to the suits are
also same, it will be just and appropriate to transfer the suit
No.429/2006 titled as Rishal Singh since deceased through his legal
representative v. Sh.Dharambir Soni pending before the Court of
Sh.Vinod Kumar, Civil Judge to the Court of Sh.Arun Bhardwaj,
Additional District Judge, Dwarka, New Delhi where Suit No.05/2008
titled Rajinder Kumar v. Dharambir Soni is pending.
Consequently, the petition is allowed. Suit No.429/2006 titled as
Rishal Singh since deceased through his legal representative v.
Sh.Dharambir Soni pending before the Court of Sh.Vinod Kumar, Civil
Judge, Tis Hazari, Delhi is transferred to the Court of Sh.Arun
Bhardwaj, Additional District Judge, Dwarka, New Delhi. The parties
are directed to appear before Sh.Arun Bhardwaj, Additional District
Judge, Dwarka, New Delhi in Suit No.429/2006 on 20th March, 2009.
Petition is disposed of.
A copy of this order be sent to the concerned Court forthwith.
IA No.3391/2009
No further orders are required. The application has become
infructuous.
MARCH 16, 2009 ANIL KUMAR, J.
"K"
