Delhi High Court
Sh. Gajender Kumar vs Sh. Janak Raj Now Deceased Through ... on 27 May, 2022
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 30/2022
SH. GAJENDER KUMAR ..... Petitioner
Through: Mr.Rahul Sharma, Ms.Jyoti Dutt
Sharma and Mr.C.K.Bhatt, Advocates
versus
SH. JANAK RAJ NOW DECEASED THROUGH HIS LR SHIVAM
SHARMA & ANR. ..... Respondents
Through: Mr.Nischay Chaudhary and
Mr.B.R.Sharma, Advocates
% Date of Decision: 27th May, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
This order shall dispose of the transfer petition filed under Section 24
(1) (B) (ii) of the Code of Civil Procedure for transfer of the Execution
Petition titled as Gajender Kumar vs. Janak Raj & Anr. bearing
Ex.No.75/2020 presently pending adjudication before the learned Senior
Civil Judge, South District, Saket District Court, New Delhi to the court of
learned Senior Civil Judge, South-East District, Saket District Court, New
Delhi or any other court in South East District, Delhi of competent
jurisdiction to try, hear and adjudicate the same.
TR.P.(C.) 30/2022
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:31.05.2022
11:29:47
The reason for seeking transfer of the case is that the subject matter of
the property falls within the territorial jurisdiction of South-East District,
New Delhi.
Learned counsel for the respondent states that he may be given an
opportunity to file reply as the objection is that for the purpose of Section 24
of CPC, the court of Rent Controller is not a court subordinate to this Court.
I consider that this contention is to be noted only to be rejected. This court
disapproves such pleas taken by learned counsel for the respondent. The
High Court besides the power under Section 24 of the CPC has the power
under Article 227 of the Constitution of India.
These are small matters. I consider that in such matters even calling
for the reply is only wastage of the precious judicial time. The courts of
South and South-East Districts are situated within the same court complex. I
consider that no prejudice is going to be caused to the respondent in any
manner, rather it would obviate any technical jurisdiction which may arise in
the future.
Hence, the present transfer petition is allowed. EX. No. 75/2020 is
directed to be transferred from the court of learned Senior Civil Judge, South
District, Saket District Court, New Delhi to the court of learned Senior Civil
Judge, South - East District, Saket District Court, New Delhi and the trial
Court, South-East District shall proceed from the point at which it is
transferred as per Section 24 (2) of the CPC.
DINESH KUMAR SHARMA, J
MAY 27, 2022/rb
TR.P.(C.) 30/2022
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:31.05.2022
11:29:47
