Delhi High Court
Parshu Ram vs Kishan & Ors. on 30 May, 2022
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 35/2022
PARSHU RAM ..... Petitioner
Through: Mr. Satya Narayan, Advocate.
versus
KISHAN & ORS. ..... Respondents
Through: Mr. Satinder Singh, Advocate for
respondent Nos.2 to 6.
Mr. Manashwy Jha with Ms. Vaishali
Gupta, Advocates for respondent
Nos.9 & 10.
% Date of Decision: 30th May, 2022.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CAV.144/2022
Since learned counsel for respondent Nos.2 to 6 has entered
appearance, the caveat stands discharged.
CM APPL.25904/2022 (exemption)
Exemption is allowed subject to all just exceptions.
TR.P.(C.) 35/2022 & CM APPL.25903/2022 (stay)
1. Present petition has been filed seeking transfer of the following cases
to one Court:-
(i) Suit No.CS-341/21 titled as Amit Sharma vs. Parshu Ram
& Ors. pending in the court of Shri Kumar Rahul, Civil
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Judge, North, Rohini Courts, Delhi.
(ii) Civil Suit No.719/21 titled as Shri Krishan vs. Parshu Ram
& Ors. Pending in the court of Shri Shirish Aggarwal,
ASCJ (Central), Tis Hazari Courts, Delhi.
(iii) Suit No.CS-239-21 titled as Dharamveer Tyagi vs. Amit
Sharma & Ors. pending in the court of Shri Sunil Kumar,
ADJ-North, Rohini Court, Delhi.
(iv) Suit No. CS DJ No.60045/16 titled as Shri Krishan vs.
Anand Sharma & Os. pending in the court of Ms. Rekha,
ADJ-North, Rohini Courts, Delhi.
2. The ground for seeking transfer is that the subject matter in all the
cases is the same.
3. Learned counsel for respondent Nos.2 to 6, who has appeared in
Caveat, has opposed the transfer on the ground that mere transfer of all the
cases will only delay the trial. Learned counsel for respondent Nos.2 to 6
further submits that in fact the respondent Nos.1, 7 and 8 are allegedly the
colluding party.
4. Without going into the merits of the case and taking into account that
the subject matter of all the petitions is the same, let suit No.CS-341/21
titled as Amit Sharma vs. Parshu Ram & Ors. pending in the court of Shri
Kumar Rahul, Civil Judge, North, Rohini Courts, Delhi. and Civil Suit
No.719/21 titled as Shri Krishan vs. Parshu Ram & Ors. pending in the
court of Shri Shirish Aggarwal, ASCJ (Central), Tis Hazari Courts, Delhi
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be placed before the learned Principal District & Sessions Judge (HQ)
Delhi to assign to the Court of competent jurisdiction in the Central
District.
5. Similarly, Suit No.CS-239-21 titled as Dharamveer Tyagi vs. Amit
Sharma & Ors. pending in the court of Shri Sunil Kumar, ADJ-North,
Rohini Court, Delhi and Suit No. CS DJ No.60045/16 titled as Shri
Krishan vs. Anand Sharma & Os. pending in the court of Mr. Harish
Kumar, ADJ-North, Rohini Courts, Delhi be also placed before the learned
Principal District & Sessions Judge (HQ) Delhi to assign to the Court of
competent jurisdiction in the Central District.
6. It is clarified that Suit No.341/21 and Civil Suit No.719/21 may be
assigned either to the learned Senior Civil Judge or learned Civil Judge as
per the directions of the learned Principal District & Sessions Judge (HQ)
and Suit No.CS-239-21 and Suit No. CS DJ No.60045/16 be assigned to
the Court of learned ADJ as per the directions of learned Principal District
& Sessions Judge (HQ).
7. With these observations, writ petition stands disposed of.
8. Parties are directed to appear before the learned Principal District &
Sessions Judge (HQ) on 03rd June, 2022. The transferee concerned Court
may also be requested to dispose of the matter expeditiously in accordance
with law.
DINESH KUMAR SHARMA, J
May 30, 2022/st
Signature Not Verified
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By:RAJ BALA
Signing
