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2021 Supreme(Del) 2347

NAVIN CHAWLA
Gurmeet Singh Sethi – Appellant
Versus
Harsharan Kaur Batra – Respondent


Advocates appeared:
Prateek Chadha, Advocate, Rajeev Chauhan, Advocate, Prashant Singh, Advocate

JUDGMENT

Navin Chawla, J. - This petition has been filed by the petitioner seeking setting aside of the judgment and order dated 06.07.2019 passed by the learned Additional District Judge-03, North District in Suit, being CS No. 2014 of 2016 titled Harsharan Kaur Batra v. Gurmeet Singh Sethi, on the ground of it having been passed by a Court which had no territorial jurisdiction to entertain the Suit.

2. The above referred Suit was partially decreed by the learned Trial Court exercising power under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code).

3. On the respondent filing an Execution Petition, being Ex. No. 64 of 2020, the learned Trial Court noticed that the suit property in fact fell within the jurisdiction of North-West District and therefore, vide its order dated 15.02.2020, transferred the Execution Petition to that Court.

4. Based on this order, the petitioner has challenged the decree itself before this Court contending that once the learned Executing Court is of the opinion that the suit property lay within the jurisdiction of North-West District, the decree itself has been passed by a Court which lacked territorial jurisdiction t

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