Delhi High Court - Orders
Khalid Rehman And Ors vs Tasarruf Hussain Through Lrs on 26 September, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 155/2023
KHALID REHMAN AND ORS ..... Petitioners
Through: Mr.M.S. Khan, Mr.M. Arshyan
& Ms.Neha Khan, Advs.
Versus
TASARRUF HUSSAIN THROUGH LRS ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 26.09.2023 CM APPL. 50121/2023 (Exemption)
1. Allowed, subject to all just exceptions.
CM APPL. 50122/2023 (Condonation of Delay in Re-filing)
2. This application has been filed by the respondent seeking condonation of delay of 35 days in re-filing of the petition.
3. For the reasons stated in the application, the delay is condoned and the application is allowed.
TR.P.(C.) 155/2023
4. This petition seeks transfer of the Execution Petition bearing No. 54/2020 titled Khalid Rahman and Ors. v. Tasarruf Hussain, filed by the petitioner herein against the respondents seeking execution of the Judgment and Decree dated 17.10.2017 passed by the Court of learned Additional Rent Controller, South District, Saket 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 28/09/2023 at 00:25:14 Courts, New Delhi (hereinafter referred to as the 'Executing Court').
5. It is the claim of the petitioner that the petitioner has now come to know that the said property, that is, property no.332/6 (old) C-9 (new), Batla House, Okhla, New Delhi falls within the jurisdiction of the Courts at South-East District. He has, therefore, sought liberty from the learned Executing Court to move this transfer petition, as is recorded in the order dated 07.07.2023 passed by the learned Additional Rent Controller, South District, Saket Courts, New Delhi in the above-mentioned Execution Petition.
6. He submits that he has served an advance copy of this petition on the learned counsel appearing for the respondent/judgment debtors before the learned Executing Court.
7. In spite of such service, none is appearing for the respondents.
8. As the petitioner seeks transfer of the Execution Petition claiming that the appropriate Court of jurisdiction would be the Courts having jurisdiction over South-East District, without testing the merits of such submission or the effect thereof on the Judgment and Decree for which the execution has been filed, the Execution Petition, that is, Execution Petition No. 54/2020, titled Khalid Rahman and Ors. v. Tasarruf Hussain is transferred from the Court of the learned Additional Rent Controller, South District, Saket Courts, New Delhi to the Court of competent jurisdiction at the South-East District, Saket Court, New Delhi.
9. The learned District and Sessions Judge, South East District shall assign the Execution Petition on its transfer to a Court of competent jurisdiction.
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 28/09/2023 at 00:25:14
10. The parties shall appear before the transferee Court on 18.10.2023.
11. The petition is allowed in the above terms.
NAVIN CHAWLA, J SEPTEMBER 26, 2023/rv/AS Click here to check corrigendum, if any 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 28/09/2023 at 00:25:14