The Delhi High Court transferred pending civil matters CS ADJ 607/2021 and Suit 600/2022 to this Court to be heard along with Test Case (PR) No.71/2021. The petitioner sought transfer due to overlapping subject matter.
Transfer of CS ADJ 607/2021 and Suit 600/2022 from ADJ South District Saket Court to this Court.
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SANJAY BARNWAL & ANR.
..... Petitioners
Through: Ms. Shobha Rani Gupta, Ms. Akshita Mishra, Ms. Simranjeet Kaur and Ms. Manasvi Negi, Advocates
versus
SHEKHAR BARNWAL
..... Respondent
Through: Mr. Sunil Chaudhary, Advocate
CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR
%
O R D E R 14.02.2024
1. This transfer petition seeks transfer of CS ADJ 607/2021 ( Shekhar Barnwal v. Sanjay Barnwal & Ors ) and Suit 600/2022 ( Sanjay Barnwal v. Shekhar Barnwal ), presently pending before the learned ADJ, South District, Saket Court, to this Court to be heard alongwith Test Case (PR) No.71/2021 ( Neena Barnwal v. State and Ors. ).
2. It is not in dispute that the corpus forming subject matter of controversy all these litigations is the same, or overlapping.
3. Mr. Sunil Chaudhary, learned counsel for the Respondent has no objection to the transfer or to the listing of the matters before the same Court but submits that the decision on consolidation may be left to the discretion of the court concerned.
Page 1 of 2
TR.P.(C.) 20/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:26:09
4. Accordingly, CS ADJ 607/2021 ( Shekhar Barnwal v. Sanjay Barnwal & Ors ) and Suit 600/2022 ( Sanjay Barnwal v. Shekhar Barnwal ) presently pending before the learned ADJ, South District stand transferred to this Court and would be listed before this Court which is ceased of Test Case (PR) No.71/2021 ( Neena Barnwal v. State and Ors. ) on the date when the said matter is listed.
5. This Court expresses no opinion on the aspect of consolidation, which will be left open to the discretion of the learned Judge who would be dealing with the matter.
6. Dasti.
C.HARI SHANKAR, J
FEBRUARY 14, 2024 yg
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Page 2 of 2
TR.P.(C.) 20/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:26:09
1 issue framed by the court
Whether the transfer of pending civil matters to the Delhi High Court is in the interest of justice.
Colour shows how this judgement treated each authority
Shekhar Barnwal v. Sanjay Barnwal & OrsReferred¶14
CS ADJ 607/2021 (Shekhar Barnwal v. Sanjay Barnwal & Ors)
Sanjay Barnwal v. Shekhar BarnwalReferred¶14
Suit 600/2022 (Sanjay Barnwal v. Shekhar Barnwal)
Neena Barnwal v. State and Ors.Referred¶14
Test Case (PR) No.71/2021 (Neena Barnwal v. State and Ors.)
Sanjay Barnwal & Anr.
Shekhar Barnwal
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
