Final Order 8

Order Details: COPY OF ORDER
Pdf Text: T. P. Civil No. 12/24
Anil Kumar Shukla Vs. Hari Shankar Tiwari And Ors. Arguments
23.09.2024
Present : Sh. Upender Gupta, Ld. Counsel for the applicant.
Sh. Dipanshu Bansal, Ld. Counsel for the non-
applicants.
Submissions heard from both the sides on the
application for transfer. Ld. Counsel for applicant submits that the
subject of both the matters, i.e., suit for partition bearing CS No.
444/2020 and the Probate Case No. 45/2023 is common, i.e., House
No. 58, Manak Vihar, Delhi-110092. It is further submitted that
since, parties are same in both the matter, if both the matters are
tried by different courts then there is likelihood of conflicting
judgments. It is further submitted that the facts of the civil suit and
the probate case are intertwined with the cause of action in each
matter. Ld. Counsel for the applicant has relied upon the judgment
Saroj Kumar Vs. Manish Kumar & Ors., Civil Miscellaneous
Jurisdiction No. 1228 of 2018, decided on 24.03.2023 by Hon’ble
High Court of Patna and has prayed that the Civil Suit No.
444/2020 titled as Anita Tiwari Vs. Anil Kumar Shukla & Ors.
pending before the court of Sh. Gaurav (earlier presided over by Sh.
Ramesh Kumar II), Ld. DJ-01, Shahdara District, KKD Courts,
Delhi, be transferred to the court of Sh. Ankur Jain II, Ld. DJ-02,
Shahdara District, KKD Courts, Delhi, where the probate case no.
45/2023 titled as Anil Kumar Shukla Vs. State & Ors. is pending
trial.
Ld. Counsel for non-applicant submits that the
authority filed by the counsel for applicant is not applicable as the
said citation relates to the consolidation of suits under the inherent
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powers u/s 151 CPC whereas the present application relates to
transfer of the cases u/s 24 of CPC. It is stated that both the
proceedings are different in nature and are not required to be
transferred to one court.
I have perused the record. Since, the parties in both
matters are same and both the matters are with respect to same suit
property No. 58, Manak Vihar, Delhi-110092, and contentions and
counter contentions of the parties in both matters are interwined and
must be similar, the parties are also almost similar in both the cases,
hence, to avoid conflicting judgments, it is expedient that both the
cases should be tried by one court.
Accordingly, the Civil Suit No. 444/2020 titled as
Anita Tiwari Vs. Anil Kumar Shukla & Ors. pending before the
court of Sh. Gaurav, Ld. DJ-01, Shahdara District, KKD Courts,
Delhi, is withdrawn from his court and is transferred to the court of
Sh. Ankur Jain II, Ld. DJ-02, Shahdara District, KKD Courts,
Delhi, to be tried as per law.
Parties are directed to appear before the Ld. Transferee
Court on 28.09.2024.
Copy of this order be immediately sent to the Ld.
Transferor Court as well as to the Ld. Transferee Court for
compliance.
The transfer application/petition is allowed
accordingly. Miscellaneous file be consigned to record room.
(RENU BHATNAGAR)
Principal District & Sessions Judge
Shahdara, KKD Delhi/23.09.2024
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