Delhi High Court - Orders
Jagjit Khurana vs Mukesh Kumar Khurana on 1 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:02.03.2021 15:53:52
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 14/2021
JAGJIT KHURANA ..... Petitioner
Through: Mr. Ayush, Proxy counsel.
(M:9999774688)
versus
MUKESH KUMAR KHURANA ..... Respondent
Through: None
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.03.2021
1. This hearing has been done through hybrid mode (physical and virtual hearing) CM APPL. 8147/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
TR.P.(C) 14/2021
3. The present petition has been filed seeking transfer of an appeal bearing RCA No. 121/2019 titled Jagjit Khurana v. Mukesh Kumar Khurana, filed by the Petitioner herein, challenging the order passed by the Additional Rent Controller (Central) in Suit No. 96786/16 dated 30th August, 2019. The petitioner seeks a transfer of the said appeal from the court of the ADJ, West District, to the court of District Judge, Central District.
4. The submission of counsel for the Petitioner is that the property in dispute in the said appeal i.e WZ-799, Navyug Block, Vishnu Garden, New Delhi, is located in the West District and the appeal has rightly been filed in the West District. However, according to him, the appeal should now be Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:02.03.2021 11:23 Digitally Signed By:DINESH SINGH NAYAL Signing Date:02.03.2021 15:53:52 transferred to the Central District in order to point out that the decree, in the first instance, was itself passed by the wrong forum, i.e by the Additional Rent Controller, Central District, as against the West District wherein jurisdiction exists.
5. A perusal of the judgement/order dated 30th August, 2019 shows that the entire matter has been finally decided by the Additional Rent Controller, Central District. The Petitioner has chosen to file the appeal before the ADJ, West District. Since the appeal has been filed by the Petitioner as per his own choice, the transfer sought is completely misconceived. Moreover, the Appellate Court in the West District has listed the matter on 27th April, 2021 for final arguments on the maintainability and jurisdiction. Thus, there is no justification for seeking transfer.
6. Accordingly, the petition for transfer is rejected. All pending applications are disposed of.
PRATHIBA M. SINGH, J MARCH 01, 2021 mw/AK Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:02.03.2021 11:23