Final Order 9

Order Details: COPY OF ORDER
Pdf Text: T. P. Civil No. 20/23
M/s K.K Radhu (HUF ) Thru' Its Karta Sh. Krishan Kumar
Radhu Vs. M/S Vikas Promotors (P) Ltd And Anr
11.01.2024
Present : Sh. Dinesh Singh Chaudhary, Ld. Counsel for the
applicant.
Sh. Amit Sharma, Ld. Counsel for the non-applicant.
The present application has been filed by the
applicant under Section 24(5) of CPC for transfer of the case
titled as M/s K.K Radhu (HUF) Thru’ Its Karta Sh. Krishan Kr.
Radhu Vs. M/s Vikas Promotors (P) Ltd. & Anr. bearing suit No.
8919/2016 pending in the court of Sh. Aman Kumar Sharma, Ld.
CJ-02, Shahdara District, KKD Courts, Delhi.
Submissions Heard.
It is submitted by counsel for the applicant that the
present suit was filed for seeking Specific Performance of the
agreement to sell dated 30.06.2006 and the same was valued at
Rs. 2,50,000/- thereby falling within the jurisdiction of a Civil
Judge. It is further submitted that the applicant had moved an
application under Section 21(5) of the Specific Relief Act
alongwith Order 6 Rule 17 r/w Section 151 CPC for amendment
of the plaint before the Ld. Trial Court. The said application for
amendment of the plaint was allowed vide order dated
20.03.2023, thereby increasing the suit value to Rs.
1,35,29,000/-. Thereafter, the plaintiff (applicant herein) was
directed by the Ld. Trial Court to furnish the deficient court fees
as per the revaluation of the suit. It is further submitted that the
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deficient court fees has also been furnished by the applicant. It is
stated that Ld. Counsel for the non-applicant also concedes that
upon amendment, revaluation of the suit exceeded to Rs.
1,35,29,000/-, which comes within the jurisdiction of ADJ.
Heard both sides. In the given facts, the suit bearing
CS No. 8919/16 titled as M/s K.K Radhu (HUF) Thru’ Its Karta
Sh. Krishan Kr. Radhu Vs. M/s Vikas Promotors (P) Ltd. & Anr.
is withdrawn from the court of Sh. Aman Kumar Sharma, Ld. CJ-
02, Shahdara District, KKD Courts, Delhi and is transferred to
the court of Sh. Ankur Jain II, Ld. ADJ-02, Shahdara District,
KKD Courts, Delhi to be tried as per law.
Parties are directed to appear before the court
concerned on 16.01.2024 at 02:00PM. Transfer application
stands disposed of accordingly.
TCR be sent back alongwith copy of this order for
information and compliance.
Miscellaneous file be consigned to record room.
(RENU BHATNAGAR)
Principal District & Sessions Judge
Shahdara, KKD Delhi/11.01.2024
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