Final Order 5

Order Details: COPY OF ORDER
Pdf Text: T.P. C 3/23
Ajay Sharma Vs. Md. Farman
22.05.2023
Present : Sh. Kamlesh Jha, counsel for petitioner
Sh. Mohd. Unais, counsel for respondent no. 1
Sh. Huzefa Qureshi & Mohd. Aqib, counsel for
respondents no. 2 and 3
Suit titled 'Mohd. Farman vs. Omprakash' bearing
no. 601662/2016 pending in the court of Sh. Balwinder Singh,
learned Rent ControllercumSenior Civil Judge, Central, Tis
Hazari Courts, Delhi is sought to the transferred and heard with
suit bearing no. 596217/2016 titled 'Mohd. Farman vs. Ashok &
Ors' and suit no. 599644/2016 titled ' Ajay Sharma vs. Mohd.
Farman & Ors' both pending in the court of Ms. Kirandeep Kaur,
learned Civil Judge (Central), Tis Hazari Courts, Delhi. It is
prayed that all the suits involve the same parties and same
property therefore the same be heard together by the same court.
Transfer is opposed by Sh. Unais, learned counsel
for respondent no. 1. It is submitted that suit bearing no.
601662/2016 was instituted on 31.07.2000 and has reached the
stage of final arguments whereas both the other suits, which were
filed subsequent in time i.e. 05.08.2003 and 07.06.2012, are at
the stages of DE and PE respectively. Sh. Unais further submits
that the purpose of the present transfer petition is to delay
disposal of the suit which was instituted prior in time and has
reached final stage. It is further submitted that over a period of
1012 years when these suits have remained pending before
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various courts, they were never sought to be transferred and
heard by the same court. The present application has been
designated with a malafide intention of delaying disposal of the
suit instituted prior in point of time.
I find merits in the submissions of Sh. Unais, suit
which were never sought to be transferred over a period of 10
years are now sought to be transferred evidently and apparently
for the purpose of delaying the disposal of the suit instituted first
in point of time. In case the suit bearing no. 601662/2016 which
is at the stage of final arguments is decided, the same will be a
guiding source to the subsequent courts for deciding the
subsequent suits. In any case, this court is also of the opinion that
in case the subsequently instituted suits involve the same
question, the same should have been stayed under Section 10
CPC.
For the aforesaid reasons stated above, this court
finds no reason to transfer the suits in same court. Accordingly,
the instant transfer petition is dismissed.
File be consigned to records.
(NAROTTAM KAUSHAL)
PRINCIPAL DISTRICT & SESSIONS JUDGE (HQs)
DELHI/22.05.2023
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