Citation : 2009 Latest Caselaw 837 Del
Judgement Date : 16 March, 2009
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TRP No. 8/2006 & I.A. Nos. 7712 & 8516 of 2006
% Date of Decision: 16.03.2009
Ajit Nagar & Anr. .... Petitioners
Through: Mr. Nalin Tripathi, Advocate.
Versus
Sh.Rajinder Kumar .... Respondent
Through Mr. Y.R. Sharma, Advocate for respondents
No. 3 and 4.
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.
*
This is a petition filed by Ajit Nagar and Sirjit Nagar, plaintiffs in
Suit No. 1103 of 2006, titled Ajit Nagar & Anr. Vs. Kalka Pd. Aggarwal &
Ors., pending in this Court, for transfer of Case No. 1187 of 2006, titled
Kalka Pd. Aggarwal Vs. Ajit Nagar & Ors., pending in the court of Sh.
Rakesh Pandit, Civil Judge, Tees Hazari Courts, Delhi to this Court.
The applicants have contended that other suits are pending
between the parties in this Court. The details of which are given as
under:-
(I) CS(OS) No. 1103/2006, titled Ajit Nagar & Anr. Vs. Kalka Pd.
Aggawal & Ors.
(II) CS(OS) No. 1291/2006, titled M/s Analco Marketing (P) Ltd. Vs.
Ajit Nagar & Ors.
(III) CS(OS) No. 1303/2006, titled M/s Kalka Pd. Aggarwal Vs. Ajit Nagar & Ors.
Since the parties to the suits are same and the disputes pertain
to the same property, it will be just and appropriate to avoid multiplicity
of proceedings to transfer the CS(OS) No. 1187 of 2006, titled Kalka Pd.
Aggarwal Vs. Ajit Nagar & Ors., pending in the court of Sh. Rakesh
Pandit, Learned Civil Judge, Tees Hazari Courts, Delhi to this Court.
The learned counsel for the plaintiffs in CS(OS) No. 1187 of 2006,
titled Kalka Pd. Aggarwal Vs. Ajit Nagar & Ors., on instructions states
that the plaintiffs have no objection to the transfer of CS(OS) No. 1187
of 2006, titled Kalka Pd. Aggarwal Vs. Ajit Nagar & Ors. to this Court.
Consequently, in the present facts and circumstances, CS(OS) No.
1187 of 2006, titled Kalka Pd. Aggarwal Vs. Ajit Nagar & Ors., now
pending in the court of Mr. Navin Gupta, Learned Civil Judge, Tees
Hazari Courts, Delhi, listed for 27th March, 2009, is transferred to this
Court. The Registry is directed to renumber the suit and list it along
with CS(OS) No. 1103/2006, titled Ajit Nagar & Anr. Vs. Kalka Pd.
Aggawal & Ors.
The petition is disposed of along with all pending applications.
MARCH 16, 2009 ANIL KUMAR, J. sb
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