Supreme Court - Daily Orders
Trishna Berlia vs Rahul Agarwal on 7 August, 2024
Author: Vikram Nath
Bench: Vikram Nath
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2998 OF 2023
TRISHNA BERLIA PETITIONER(S)
VERSUS
RAHUL AGARWAL RESPONDENT(S)
WITH
TRANSFER PETITION (CIVIL) NO.1755 OF 2024
O R D E R
T.P.(C) NO.2998 OF 2023
1. This transfer petition has been filed by the petitioner seeking transfer of case bearing H.M.O.P. No.271 of 2023 titled “Rahul Agarwal vs. Trishna Berila” from the Court of Family Judge, Thoothukudi, Tamil Nadu to the Family Court, Sambalpur, Odisha.
2. Heard learned counsel for the parties and perused the material placed on record.
3. We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are satisfied with the grounds Signature Not Verified urged by the petitioner and accept the same. Digitally signed by Neetu Khajuria Date: 2024.08.07 16:53:15 IST Reason: Therefore, petition bearing H.M.O.P. No.271 of 2023 titled “Rahul Agarwal vs. Trishna Berila” pending 2 before the Court of Family Judge, Thoothukudi, Tamil Nadu is ordered to be transferred to the Family Court, Sambalpur, Odisha.
4. Records of the case should immediately be transferred to the transferee court.
5. The parties may explore the possibility of settlement through Mediation. The transferee court would obtain the desire and wishes of the parties and proceed accordingly in this regard.
6. The parties are at liberty initially to appear through virtual mode. If such request is made, the concerned court may favourably consider the same and thereafter, if need be, the parties can be asked to appear through physical mode.
7. The Transfer Petition is, accordingly, allowed.
8. Pending application(s), if any, shall stand disposed of.
T.P.(C) NO.1755 OF 2024
1. This transfer petition has been filed by the petitioner seeking transfer of case bearing C.M.C. (DV) No.277 of 2023 titled “Trishna Berila vs. Rahul Agrawal” from the Court of SDJM, Sambalpur, Odisha to the Court of District & Sessions Judge, Thoothukudi, 3 Tamil Nadu.
2. Heard learned counsel for the parties and perused the material placed on record.
3. We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are not inclined to entertain this petition.
4. The Transfer Petition is, accordingly, dismissed.
5. Pending application(s), if any, shall stand disposed of.
.......................J. (VIKRAM NATH) .......................J. (PRASANNA BHALACHANDRA VARALE) NEW DELHI;
AUGUST 07, 2024
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ITEM NO.1+9 COURT NO.7 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 2998/2023
TRISHNA BERLIA Petitioner(s)
VERSUS
RAHUL AGARWAL Respondent(s)
(IA No. 231149/2023 - STAY APPLICATION) WITH T.P.(C) NO.1755 OF 2024 Date : 07-08-2024 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Mr. Tejaswi Kumar Pradhan, AOR Mr. Manoranjan Paikaray, Adv. Mr. Pradeep Patra, Adv.
For Respondent(s) Mr. Ardhendumauli Kumar Prasad, Sr. Adv.
Mr. Prasenjit Keswani, Adv. Ms. Ranjeeta Rohtagi, Adv. Ms. Sonia Dube, Adv.
Ms. Kanchan Yadav, Adv.
Mr. Tanishq Sharma, Adv.
Ms. Saumya Sharma, Adv.
M/S. Legal Options, AOR UPON hearing the counsel the Court made the following O R D E R Transfer Petition (C) No.2998 of 2023 is allowed and Transfer Petition (C) No.1755 of 2024 is dismissed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)