JUDGMENT

R.C. Lahoti, J.

By these petitions under Section 25 of the Code of Civil procedure, 1908, the petitioners herein seek Original Suit No. 865 of 1997 titled as "Lt. Gen. M.L. Dar (Retd.) and Ors. vs. Sri Vikram Singh and Ors." pending in the Court of Addl. District Judge-II/FTC, Dehradun, Uttaranchal, being transferred to a Court of competent jurisdiction at Delhi. F.A.O. 52 (D)/2002 pending at High Court of Uttaranchal at Nainital titled "Himalayan Institute Hospital Trust and Ors. vs. Sri Vikram Singh and Ors." is also sought to be transferred to the High Court of Delhi at New Delhi. F.A.O. 52 (D)/2002 is an offshoot of other pending litigation between the parties. The prayer for transfer has been opposed on behalf of the respondents.

2. It is noteworthy that vide Order dated 24.11.03 passed in S.L.P. (c) Nos. 11517-11518 of 2003, on the learned counsel for the parties agreeing for this Court exercising its jurisdiction under Section 25 of the CPC for transferring two other proceedings pending in two courts between the parties for hearing and decision in one court, this Court has directed Testamentary Case No. 1 of 2002 pending in the High Court of Uttaranchal at Nainital and