Transfer petition seeking transfer of two probate petitions from the Tis Hazari Courts to the Delhi High Court, as the same properties were involved in a pending partition suit before the High Court. The court transferred both probate petitions to be heard along with the partition suit.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
SHRI HARISH GUPTA ..... Petitioner Through: Mr. Shiv Charan Garg and Mr. Imraan Khan, Advs.
versus
SHRI PRADEEP GUPTA & ORS. ..... Respondents Through: Mr. Sudesh Goyal, Adv. for Respondent 1 with Respondent 1 in person
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
%
O R D E R (ORAL) 19.01.2024
TR.P.(C.) 119/2023
1. C.S.(OS) 61/2021 was instituted by the petitioner in this Court seeking partition of certain properties.
2. Some of the said properties form subject matter of Probate Petition 27/2019 ( Pradeep Gupta v. State ) and Probate Petition 28/2019 ( Pradeep Gupta v. State ), both of which are pending before the learned Additional District Judge, Tis Hazari Courts, Delhi.
3. Learned Counsel for both sides are ad idem that the properties forming subject matter of the afore-noted Probate Petitions are also subject matter of the partition suit, i.e. C.S.(OS) 61/2021.
Signature Not Verified
Digitally Signed By:AJIT KUMAR TR.P.(C.) 119/2023 Signing Date:21.0 1.20 24 10:47
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4. It is obvious, therefore, that the outcome of the Probate Petitions would fundamentally affect the partition suit.
5. In order to avoid multiplicity of proceedings and ensure that the disputes are expeditiously brought to a close, it would be expedient and in the interests of justice that the Probate Petitions pending before the Tis Hazari Courts are also taken up by this Court and heard with CS (OS) 61/2021.
6. Accordingly, this Transfer Petition is allowed. Probate Petition 27/2019 and Probate Petition 28/2019 pending before the Tis Hazari Courts are transferred to this Court to be heard along with C.S.(OS) 61/2021.
7. However, it is clarified that the afore-noted Probate Petitions would continue from the stage at which they are at present.
8. The Registry of Tis Hazari Courts and the Registry of this Court are directed to coordinate and take steps to ensure that the records of the aforesaid Probate Petitions are transferred to this Court expeditiously.
9. This Transfer Petition stands allowed in the afore-said terms.
C.HARI SHANKAR, J
JANUARY 19, 2024 /rb
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Signature Not Verified
Digitally Signed By:AJIT KUMAR TR.P.(C.) 119/2023 Signing Date:21.0 1.20 24 10:47
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1 issue framed by the court
Whether probate petitions pending before the Tis Hazari Courts should be transferred to the High Court to be heard with a related partition suit.
Shri Harish Gupta
Shri Pradeep Gupta
C. Hari Shankar
As recorded by the court registry
A petition to transfer a civil case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
