Final Order 4

Order Details: COPY OF ORDER
Pdf Text: T. P. (Civil) No. 152/2025
Badshah Ali vs Narottam Tyagi & Anr.
19.02.2026
Present: Ms. Priyanka Pathak, proxy Counsel for Sh.Vinay
Kumar Pathak, Ld. Counsel for petitioner.
Sh. Sunil Dahiya, Ld. Counsel for respondent no.2
Steps not taken for service of respondent no.1.
Pass-over is sought on behalf of petitioner but
finding no justification, the pass-over is declined.
I have considered the transfer petition filed on
behalf of petitioner Badshah Ali as against Narottam Tyagi
(respondent no.1) and Rakesh Wati (respondent no.2)
It is emerged from the pleadings of the transfer
petition that two civil suits (CS No.1137/2022, titled, ‘Narottam
Tyagi vs Badshah Ali’ and CS No. 1138/2022, titled, Rakesh
Wali vs Badshah Ali) came to be filed against the petitioner and
both the suits were decreed. Execution petition no. 458/2023 has
been filed in respect of civil suit no. 1137/2022 and same is
pending in the court of Ld. District Judge-12. Execution petition
no.7094/2024 has been filed in respect of civil suit no. 1138/2022
and same is pending in the court of Ld. District Judge-11.
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In respect of civil suit no.1137/2022 and execution
petition no.458/2023, petitioner has moved an application for
review which came to be registered as Misc DJ No.705/2025 and
same is pending in the court of Ld. District Judge-11. In this
way, execution petition no. 458/2023 and Misc DJ No.705/2025
are pending before two different courts.
Considering the facts and circumstances, it is
appropriate if the execution petition no.458/2023 is also sent to
the court of Ld. District Judge-11, Central where Misc DJ
No.705/2025 is pending adjudication.
With respect to civil suit no.1138/2022 and
execution petition no.7094/2024, it is submitted by Ld. Counsel
Sh.Sunil Dahiya that these proceedings are not connected or
concerned with the civil suit no.1137/2022 and execution petition
no.458/2023, as arising out of the different transactions.
Ld. Counsel for respondent no.2 has strongly argued
that to delay the execution petition no.7094/2024, present
transfer application is moved. The civil suit no.1138/2022
relating to execution no.7094/2024 has already been decreed and
in the execution petition, warrants of attachment have already
been issued.
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In view of above pleadings and arguments, I am not
inclined to transfer the execution petition no.7094/2024, titled,
Rakesh Wati vs Badshah Ali and therefore, present transfer
application is rejected to that extent.
The transfer petition is partly allowed and execution
petition no.458/2023 is withdrawn from the court of Ms. Shagun
Sharma, Ld. District Judge-12, Central and is transferred to the
court of Sh.Sumeet Anand, Ld. District Judge-11, Central for
adjudication and disposal as per law.
Ahlmad of the Transferor court is directed to send
the file to Transferee court forthwith.
Parties to appear before Transferee court on
21.02.2026.
Copy of order be sent to both the courts for
information.
Transfer application is accordingly disposed of and
be consigned to the record room.
(Anju Bajaj Chandna)
Principal District & Sessions Judge (Central)
Delhi/19.02.2026
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