JUDGMENT :

1. While Transfer Petition (C) No.970 of 2016 is for the transfer of a suit for partition, pending on the file of the Additional District Judge, Saket Court, New Delhi to a Court of competent jurisdiction in the District of Nainital, Uttarakhand, Transfer Petition (C) No.2779 of 2019 is for the transfer of a testamentary case pending on the file of the High Court of Uttarakhand, Nainital to the District Court at Saket, New Delhi.

2. I have heard the learned counsel for the respective parties.

3. One Shri Badri Nath Agarwal, who was ordinarily a resident of Village Bithoriya No.1, Tehsil Haldwani, District Nainital, Uttarakhand, died on 07.05.2011, at the ripe old age of 91 years, leaving behind him surviving, five sons and a daughter. They were (1) Major Ravinder Nath Agarwal, (2) Surender Nath, (3) Narender Nath, (4) Virender Nath Agarwal, (5) Lily Nath (daughter) and (6) Yogender Nath Agarwal. Out of these six children, Shri Narender Nath is now no more. He died on 06.09.2019 leaving behind his wife Smt. Ira Joshi and two sons by name Nikhil Nath and Aditya Nath.

4. Claiming that his father Late Badri Nath executed his last Will and Testament on 06.04.2011, cancelling and