Shyam Sahni vs Sarabjit Prakash & Ors
2016 Latest Caselaw 5820 Del

$~26.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     TR.P.(C) 12/2014 & IA No.19569/2014

      SHYAM SAHNI                                      ..... Petitioner
                        Through: Mr.Dinesh C.Pandey, Mr.Piyush Sharma
                        Ms.Jyoti Pandey, Mr.Tushar Sharma, Advocates

                        versus

      SARABJIT PRAKASH & ORS.                    ..... Respondents
                   Through: None for R-1
                   Mr.Sanjiv K.Jha and Mr.Vikash Kumar,
                   Advocates for R-2
                   Mr.Jayant Tripathi & Mr.Dinesh Dahiya,
                   Advocates for R-7 to R-9

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 05.09.2016

1. The present petition has been filed by the petitioner(plaintiff in CS(OS) No.1134/2008) praying inter alia that the records of Civil Suit No.13/2014, entitled "Sarabjit Prakash & Anr. Vs. Shyam Sahni & Ors." pending in the court of the learned Senior Civil Judge(South-East), Saket Courts, New Delhi, be transferred to the High Court and taken up with the captioned suit.

2. Pleadings are complete.

3. Counsel for the petitioner states that the subject matter of CS(OS) No.1134/2008 and Civil Suit No.13/2014, filed by the respondent No.1 is the same, namely, premises bearing No.68, Friends Colony, New Delhi and

further, the parties are also common. He adds that apart from CS(OS) No.1134/2008, the petitioner had filed Suit No.983/2013 pertaining to the very same property where most of the respondents herein have been impleaded as defendants, but in view of the Notification enhancing the pecuniary jurisdiction of the High Court to Rs.2 crores and above, the said suit has been transferred to the court of the learned ADJ, Saket(South-East), New Delhi. He states that he shall be taking steps for seeking transfer of the aforesaid case back to the High Court.

4. A reply in opposition to the present petition has been filed by the respondents No.1 and 2, who are the contesting respondents.

5. It is an undisputed position that the subject matter of both the suits, namely, premises bearing No.68, Friends Colony, New Delhi is common and the parties are also common. It would only expedite the trial of both the cases if they are taken up by the same court as it would avoid a conflict of decision. Accordingly, the present petition is allowed. The file of Civil Suit No.13/2014, entitled "Sarabjit Prakash & Anr. Vs. Shyam Sahni & Ors.", pending before learned Senior Civil Judge, Saket Court Complex, New Delhi is directed to be transferred to this court for being tagged along with CS(OS) No.1134/2008. The petition is disposed of, along with the pending application.

6. The file of the captioned case be listed on the same date as already fixed in CS(OS) No.1134/2008.

HIMA KOHLI, J SEPTEMBER 05, 2016/mk