Allowed

Vaitalik Society v. Delhi Development Authority & Anr.

Delhi HC5 Jul 2019TR.P.(C.)/86/2019

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a transfer petition seeking the relocation of Civil Suit No. 58618/2016 from Patiala House Courts to ADJ South Saket Court Complex due to shared issues with another suit pending in the same forum, with unobjected reliefs from the respondent.

What did the court decide?

Civil Suit No. 58618/2016 pending before ADJ, Patiala House Courts is transferred to the Court of learned ADJ, South, Saket Court Complex, New Delhi.

Vaitalik Society Vs Delhi Development Authority… — Civil Procedure and Limitation | Delhi HC (2019)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(C.) 86/2019

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VAITALIK SOCIETY

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..... Petitioner

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Through: Mr Rajeev Kumar Yadav, Advocate.

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versus

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DELHI DEVELOPMENT AUTHORITY

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& ANR ..... Respondents Through: Mr Vikrant N. Goyal, Advocate for R-2/SDMC.

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 05.07.2019

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None appears on behalf of respondent no.1 despite service of advance notice.

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The petitioner has filed the present petition, inter alia, praying that the Civil Suit No.58618/2016, which is currently pending before the learned ADJ, Patiala House Courts, New Delhi be transferred to the court of learned ADJ (South), Saket Court Complex, New Delhi.

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The petitioner claims that the aforementioned suit (Civil Suit No.58618/2016) was filed by the petitioner inter alia seeking a decree of declaration that the determination of the Lease Deed by respondent no.1 (DDA) in respect of property bearing no.A-8, Qutub Institutional Area, Katwaria Sarai, New Delhi (hereafter ‘the property’) be declared as null and void.

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The petitioner had also filed another suit – Civil Suit No.6248/2016,

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inter alia, praying that a decree be granted for renewal of the Lease Deed in respect of the said property.

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It is stated that both the suits were filed before this Court. However, subsequently, the same were transferred to the concerned courts on account of enhancement of the minimum pecuniary jurisdiction of this court.

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It is apparent that some of the issues involved in the two suits would be common and, therefore, the petitioner’s request that the said suit be heard by the same court is merited. The learned counsel for respondent no.2 also does not object to the said relief. Accordingly, the petition is allowed and the Suit bearing No.58618/2016, which is currently pending before the learned ADJ, Patiala House Courts, New Delhi is transferred to the Court of learned ADJ, South District, Saket Court Complex.

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The parties are directed to appear before the concerned court on 26.07.2019.

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VIBHU BAKHRU, J

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JULY 05, 2019 MK

Vaitalik Society v. Delhi Development Authority & Anr.

Case brief

What is this about?

What did the court decide?

Vaitalik Society v. Delhi Development Authority & Anr.

Case brief

What is this about?

What did the court decide?

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