Final Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: T. P. (Civil ) No. 151/2025
Satish Kumar Kohli vs Rajinder Kumar & Ors.
03.02.2026
Present: Dr. Anand Duggal, Ld. Counsel for petitioner.
Sh. Manoj Chauhan, Ld. Counsel for respondent
no.1.
Sh. Krishan Sharma, Ld. Counsel for DDA/
respondent no.6.
The present transfer petition has been filed under
Section 24 CPC seeking transfer of suit bearing no.CS
SCJ/1728/2024 title, Rajinder Kumar vs Satish Kumar Kohli
and counter claim no.18/2024 title Satish Kumar Kohli vs
Rajinder Kumar & Ors pending in the court of Sh.Sahil Gupta,
Ld. Civil Judge-07, Central, Delhi to the Superior competent court
having the pecuniary jurisdiction as valuation of the counter-claim
is Rs.54,01,390/-.
Respondent no.1 Rajinder Kumar has filed the suit for
permanent injunction against the petitioner while the petitioner has
filed counter claim to the original suit of the respondent for
possession, declaration, mesne profits and damages and permanent
and mandatory injunction which is pending in the court of Sh.Sahil
Gupta, Ld. Civil Judge-07, Central, Delhi.
Ld. Counsel has relied upon the judgment of Delhi
High Court, Namita Gupta vs Suraj Holdings Limited, CMM
(M) 457/2023 dated 09.01.2023 in support of his transfer petition.
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Heard. Considered.
Since the counter-claim has no pecuniary jurisdiction
to be tried by civil court and the counter-claim has been filed
against the original suit for possession, declaration, mesne profits
and damages and permanent and mandatory injunction, it is
appropriate if the suit and the counterclaim are tried and
adjudicated by the same court having pecuniary jurisdiction.
Accordingly, suit bearing no.CS SCJ/1728/2024 and
counter claim no.18/2024 are withdrawn from the court of Sh.Sahil
Gupta, Ld. Civil Judge-07, Central, Delhi and are transferred to the
court of Sh.Jiten Mehra, Ld. District Judge-10, Central, Delhi.
Parties to appear before the court of Sh.Jiten Mehra,
Ld. District Judge-10, Central, Delhi on 11.02.2026.
Ahlmad of the transferor court is directed to send both
the files complete in all respect to the transferee court immediately.
Copy of order be sent to both the courts.
Transfer application is accordingly disposed of .
File be consigned to the record room.
(Anju Bajaj Chandna)
Principal District & Sessions Judge (Central)
Delhi/03.02.2026
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