Delhi High Court - Orders
Smt. S. Sachdeva (Sadhna Sachdeva) vs Shri Ashok Kumar on 27 April, 2021
Author: Navin Chawla
Bench: Navin Chawla
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 353/2021
SMT. S. SACHDEVA (SADHNA SACHDEVA) ..... Petitioner
Through Mr.Pavan Sachdeva, Adv.
versus
SHRI ASHOK KUMAR ..... Respondent
Through Nemo.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 27.04.2021 This hearing has been held through video conferencing. CM 15406/2021(exemption) Allowed, subject to all just exceptions.
CM(M) 353/2021 & CM 15405/2021
1. This petition has been filed by the petitioner challenging the order dated 01.04.2021 by which the learned Civil Judge-01(West), Tis Hazari, on the asking of the respondent, who is the Decree Holder, has transferred the Execution Petition, being Execution No.260/2021, to the learned District Judge, Dwarka Court, New Delhi, on the plea of the respondent that the suit property does not fall within the jurisdiction of the Court at Tis Hazari.
2. The learned counsel for the petitioner disputes the above assertion of the respondent and places reliance on the 'website print outs' claiming that the suit property falls within the jurisdiction of the Court at Patiala House.
3. As the Impugned Order has been passed at the behest of the respondent and without hearing the petitioner herein, the petitioner shall be entitled to raise all objections to the Execution Petition before the Transferee Court. The Transferee Court shall consider the said objections in accordance with law. At this stage, this Court does not deem it proper to interfere with the Impugned Order.
4. Accordingly, the present petition is dismissed leaving all objections raised by the petitioner open to be contended before the Transferee Court. There shall be no order as to costs.
NAVIN CHAWLA, J APRIL 27, 2021 RN/c