Final Order 1

Order Details: COPY OF ORDER
Pdf Text: M. Ex. No.352023 MAUJI (DECEASED) THROUGH LRS Vs. GHISHU
(DECEASED) THROUGH LRS
20.10.2023
This is an application under Order 21 Rule 5 r/w Section 151 of CPC moved on
behalf of applicant. It be checked and registered.
Present: Sh. Vinay Kumar Pathak, ld. counsel for applicant (through
VC).
Present is an application under Order 21 Rule 5 r/w Section
151 of CPC.
It is submitted by ld. counsel for applicant that an execution
petition for execution of decree dated 27.04.1971 was pending before this
Court and vide order dated 14.03.2022, transfer certificate was issued as the
subject property was situated within the North District (Rohini Courts).
It is thereafter submitted that only certain documents were sent
to the abovesaid Court and not the complete file.
It is submitted by the Nazir that since the present file was a
bulky one, in May, 2022 when transfer certificate was issued, the record that
was sent to Rohini Court included the transfer certificate as well as copy of
order sheet dated 14.03.2022.
The Court is of the view that the present Court is not
empowered to transfer the execution file to another Court on an application on
any application by any party. The said proceedings can only be sent on
Robkar.
In view of the said observation, application is disposed of
accordingly.
File be consigned to Record Room.
Payal Singal
CJ08 (Central)
20.10.2023/Delhi
-- 1 of 1 --