Allowed

Subhanshini Malik & Anr. v. Geeta Gandhi & Anr.

Delhi HC2 Feb 2018TR.P.(C.)/182/2017

Case brief

AI extract

What is this about?

The court allowed a transfer petition to bring a suit previously transferred to the district court back to the High Court's original side, overriding the respondent's objection about a pending appeal on valuation enhancement.

What did the court decide?

Suit No.10096/2016 pending before Additional District Judge-03 is withdrawn to the original side of this court for further proceedings on consolidation.

Subhanshini Malik & Anr. Vs Geeta Gandhi & Anr. — Civil Procedure and Limitation | Delhi HC (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Decided on: 2^nd February, 2018

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- TR.P.(C.) 182/2017

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SUBHASHINI MALIK & ANR ..... Petitioners

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Through: Mr. Samar Bansal, Advocate with Mr. Ashvini Malik, Advocate

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versus

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GEETA GANDHI & ANR. ..... Respondents

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Through: Respondent No.1 in person.

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CORAM: HON'BLE MR. JUSTICE R.K.GAUBA

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JUDGMENT (ORAL)

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The parties are locked in litigation in two suits, both having been initially filed on the original side of this court. The civil suit (OS) No.1416/2009 instituted by the petitioner herein was the first in time in which the respondent is the defendant. The other suit, now registered as Suit No.10096/2016 - old CS (OS) No.3241/2011 – was instituted by the respondent herein against the petitioner, it also having been presented on the original side in this court. Subsequently, on account of change of the pecuniary jurisdiction, the second said suit, i.e. suit filed by the first respondent, was transferred to the file of the district court and is presently pending before the court of Additional District Judge-03, South-East at Saket District Court, presided over by

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Page 1 of 3

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TR.P.(C) 182/2017

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Mr. Mohinder Virat, ADJ. The suit of the petitioner, however, has been retained here against the backdrop that on her application she was allowed to state enhanced valuation of the relief, rendering it a case triable on the original side by this court.

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It is pointed out that when both the suits were pending on the original side of this court, by order dated 25.02.2014, on IA No.1261/2012, with the consent of the first respondent, both the suits were consolidated for purposes of trial and decision. It is clear that both suits are between the said same set of parties and give rise to substantially common questions of facts.

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The objection raised by the first respondent to the prayer in the transfer petition is that her appeal against the amendment of the plaint whereby the valuation has been enhanced is pending before the division bench of this court. In the considered view of this court, the reasons set out by the first respondent cannot come in the way. The decision rendered by the division bench, as and when granted, would regulate the proceedings thereafter. For the present, the directions earlier issued for consolidation of the two cases itself are sufficient to grant the relief on the transfer petition.

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Thus, the petition is allowed. The civil suit - Suit No.10096/2016, titled Geeta Gandhi vs. Subhanshini Malik & Ors., (old CS (OS) No.3241/2011) - pending on the file of Mr. Mohinder Virat, Additional District Judge-03, District South-East, Saket District Court, Delhi is withdrawn from the said court and transferred to the original side of this court for further proceedings in accordance with

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Page 2 of 3

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TR.P.(C) 182/2017

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law. The transferor court shall fix appropriate date directing the parties to appear before this court for further proceedings.

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The petition stands disposed of in above terms.

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R.K.GAUBA, J.

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FEBRUARY 02, 2018 vk

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Page 3 of 3

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TR.P.(C) 182/2017

Subhanshini Malik & Anr. v. Geeta Gandhi & Anr.

Case brief

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Subhanshini Malik & Anr. v. Geeta Gandhi & Anr.

Case brief

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