Transfer petition seeking transfer of a suit concerning the same property as a suit already pending in the High Court. Respondent did not oppose; the court ordered the transfer, left consolidation to be decided later, and disposed of the petition.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
BALJEET KAUR KALRA ..... Petitioner Through: Mr. Arvind Kumar Gupta, Mr. Rishi Bhardwaj, and Mr. Abhiesumat Gupta, Advs.
versus
HARPREET SINGH KALRA ..... Respondent Through: Ms. Inderjeet Swaroop, Adv.
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
%
O R D E R (O R A L) 10.04.2024
1. By this petition, the petitioner seeks transfer of CS SCJ 1582/2023 ( Harpreet Singh Kalra v. Baljeet Kaur Kalra ) from the Court of the learned ACJ-Cum-ARC (South-West) Dwarka Court, Delhi to this Court, in view of the pendency, before this Court of CS (OS) 68/2024.
2. Both suits, it is admitted ad idem , deal with the same property.
3. Ms. Inderjeet Swaroop, learned Counsel for the respondent, fairly does not oppose the transfer without prejudice to her rights and contentions and without admitting any of the contentions advanced either in the transfer petition or the suits concerned. She further prays that, even if the suit is transferred, it may be directed to be continued
Signature Not Verified
Signature Not Verified
Digitally Signed By:CHANDRASHEKHAR AN HARI SHANKAR Signing Da te:12 .04.2024 13:18
Digitally Signed TR.P.(C.) 42/2024 By:AJIT KUMAR Signing Date:12.0 4.20 24 13:20
Page 1 of 2
from the stage at which it is at present.
4. Accordingly, CS SCJ 1582/2023 ( Harpreet Singh Kalra v. Baljeet Kaur Kalra ) stands transferred from the Court of learned ACJCum-ARC (South-West) Dwarka Court, Delhi to this Court.
5. This Court is not passing any order on consolidation. It shall be for the court concerned, if either party seeks consolidation of the suits, to take a decision in that regard.
6. Let CS SCJ 1582/2023 consequent on transfer be renumbered and listed before the learned Joint Registrar on 10 May 2024, when, it is submitted, CS (OS) 68/2024 is listed before the learned Joint Registrar.
7. The transfer petition stands disposed of in the aforesaid terms.
C. HARI SHANKAR, J.
APRIL 10, 2024 dsn
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Signature Not Verified
Signature Not Verified Page 2 of 2 Digitally Signed By:CHANDRASHEKHAR AN HARI SHANKAR Signing Da te:12 .04.2024 13:18
Digitally Signed TR.P.(C.) 42/2024 By:AJIT KUMAR Signing Date:12.0 4.20 24 13:20
1 issue framed by the court
Whether a pending suit between the same parties over the same property should be transferred from the Dwarka trial court to the High Court where a related suit is pending?
Baljeet Kaur Kalra
Harpreet Singh Kalra
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
