Delhi District Court
Harish Kumar vs Savitri Devi on 7 April, 2015
IN THE COURT OF DR. T. R. NAVAL, DISTRICT & SESSIONS
JUDGE, SHAHDARA, KARKARDOOMA COURTS, DELHI
M. No. 10/15
Harish Kumar ...Applicant
Versus
Savitri Devi ...Respondent
ORDER
This order will dispose off an application dated 02.03.2015 u/s 24 of the Code of Civil Procedure, herein after referred to as 'the Code' for transfer of case titled as Smt. Savitri Devi vs. Harish Kumar from the court of Sh. N.K. Laka, Ld. SCJ cum Rent Controller, Shahdara to another court.
2. I have heard arguments of Ld. Counsel for the applicant and perused the file and the trial court record.
3. It has been mentioned in the application that the present case is pending for a long time in the court of Sh. N.K. Laka, Ld. SCJ cum RC and there is no hope for disposal of case in the near future. After enumerating several instances of the court proceedings, the applicant alleged that conduct of the trial court was biased towards the M. No. 10/15 Harish Kumar vs. Savitri Devi Page 1 of 3 07.04.2015 applicant and that has caused harassment to him. He has lost faith in the court. It has been prayed that this case may be transferred from the court of Sh. N.K. Laka, Ld. SCJ cum RC to another court.
4. The comments of Ld. trial court were called. The Ld. trial court reported that the applicant filed 23 applications under different provisions of law and he was misusing the provisions of law by filing one application after another. The applicant is a habitual litigious person and he seeks adjournment by filing one or another application resulting delay in the present matter. When the court took up the matter seriously and started deciding his applications promptly keeping in view that it was an oldest case, then the applicant levelled false allegations and sought transfer of present case with the sole object to delay the disposal of the case.
5. On perusal of trial court record, I find that present case is a very old case. It was filed on 23.12.2004 for eviction of applicant/respondent. On considering the comments of Ld. trial court and on perusal of trial court record and considering the contentions of applicant made in the application, I am of the view that it would not be just, fair and appropriate to transfer the present case from the court of Sh. N.K. Laka, Ld. SCJ cum RC to another court. The application does not disclose any just and reasonable M. No. 10/15 Harish Kumar vs. Savitri Devi Page 2 of 3 07.04.2015 ground for transfer of the case from the court of Sh. N.K. Laka, Ld. SCJ cum RC to another court.
6. Consequent upon the above reasons and discussion, transfer application is dismissed.
TCR be returned back with a copy of this order. Transfer petition be consigned to record room.
Announced in the Open Court
Dated: 07.04.2015 (DR. T.R. NAVAL)
District & Sessions Judge,
Shahdara District, Delhi.
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