Disposed

Lt. Col Pavinder Ahluwalia v. Komil Ahluwalia and Ors. Bc+

Delhi HC14 Jul 2016CS(OS)/550/1998

Case brief

AI extract

What is this about?

This order transfers a partition suit to the District Judge (South-East), Saket Courts, due to valuation concerns, and directs secure filing in a sealed cover to address apprehensions by a defendant regarding tampering.

What did the court decide?

Order: Suit transferred to District Judge (South-East), Saket Courts; File to be sent in sealed cover with detailed index; Parties to appear on 18.10.2016; Associated CPR application file to be simila

Lt. Col Pavinder Ahluwalia Vs Komil Ahluwalia and Ors. Bc+ — Partition | Delhi HC (2016)

¶1

$~5.

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(OS) 550/1998 & CCP No.8/1999

¶4

LT. COL PAVINDER AHLUWALIA ..... Plaintiff Through: None.

¶5

versus

¶6

KOMIL AHLUWALIA AND ORS. BC+ ..... Defendants Through: Mr. Y.R.Sharma, Adv. for D- 5 to 7.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

¶9

O R D E R

¶10

% 14.07.2016

¶11

This matter is listed in terms of the office note dated 11^th July, 2016.

¶12

In this suit for partition of movable and immovable properties having a total value for the purposes of jurisdiction of Rs.20 lacs, recording of the evidence before the Court Commissioner was underway when the Court Commissioner finding that the valuation of the suit was below the enhanced minimum pecuniary jurisdiction of this Court, recorded so. The Registry has accordingly listed the suit before this Bench for appropriate orders.

¶13

The reason why the suit was not listed before the Joint Registrar for the purposes of transfer but was listed before this Bench is a letter dated 8^th July, 2016 received by the Registrar General of this Court from defendant no.5 expressing apprehension about the plaintiff tempering with the file, particularly the original documents filed therein, taking advantage of the transfer of the suit.

¶14

None appears for the plaintiff or for any of the defendants except for the counsel for the defendants no.5 to 7.

¶15

page 1 of 2

¶16

CS(OS) 550/1998

¶17

A perusal of the memorandum of parties shows the plaintiff to be resident of Defence Colony, New Delhi, defendants no.1 to 4 to be residents of outside Delhi, defendant no.5 to be resident of Kailash Colony, New Delhi and defendants no.6&7 to be residents of Malviya Nagar, New Delhi. The immovable properties of which partition is sought are also at Defence Colony, New Delhi, Nehru Place and Noida.

¶18

The suit is accordingly transferred to the District Judge (South-East), Saket Courts, New Delhi.

¶19

In view of the apprehension expressed by the defendant no.5, the Registry to, before sending the file of the suit, prepare a detailed index thereof preferably meeting the apprehensions as expressed in the letter dated 8^th July, 2016 supra and file be sent to the District Judge (South East), Saket Courts, New Delhi in a sealed cover.

¶20

The Joint Registrar to, before the file is sent, satisfy himself that the file has been properly indexed.

¶21

The parties to appear before the District Judge/Additional District Judge (South East), Saket Courts, New Delhi on 18^th October, 2016. CCP No.8/1999.

¶22

The file of CCP No.8/1999 which is in the nature of application under Order 39 Rule 2A CPC be also similarly sent.

¶23

RAJIV SAHAI ENDLAW, J

¶24

JULY 14, 2016 ‘pp’..

¶25

CS(OS) 550/1998

¶26

page 2 of 2

Lt. Col Pavinder Ahluwalia v. Komil Ahluwalia and Ors. Bc+

Case brief

What is this about?

What did the court decide?

Lt. Col Pavinder Ahluwalia v. Komil Ahluwalia and Ors. Bc+

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Rahul Bose Vs Piyal Bose

Prime Time India Ltd. Vs Ashok Kapoor and Ors. a+

Kamlesh Khanna Vs Gurcharan Lal Harjai & Ors.

Shital Singh & Others Vs Manmohan Singh & Others

Master Tanish Subramaniam & Ors. Vs Hewlett Packard India Ltd. & Ors.

Ramesh Kakkar Vs Vipul Khandelwal & Anr.

Rajinder Singh Dabas & Anr. Vs Sunil Kumar Jain

Anjani Gupta Vs Deborah Malik & Anr.

Mohit Goel Vs Religare Finvest Ltd. (a Non Banking Finance Company Incorporated) & Ors.

Northeast Tollways Pvt. Ltd. Vs National Highways Authority of India & Ors.

Pec Limited Vs Adm Asia Pacific Trading Pte Ltd.

Sravanthi Infratech Private Limited Vs Greens Power Equipment (China) Co. Ltd.

Tata Capital Financial Services Ltd. Vs Globex International Pvt. Ltd. & Ors.

Tilak Raj Sharma & Anr. Vs Religare Finvest Ltd.