JUDGMENT

Navin Chawla, J. (Oral)

1. This petition has been filed seeking transfer of the suit, being CS No. 58269/2016 titled as Hardit Singh Batra & Anr. V. Jaspreet Pal Singh Batra (hereinafter referred to as the `first suit'), filed by the petitioner herein against inter alia the respondent herein and pending before the Court of the learned Additional District Judge-01, New Delhi District, Patiala House Courts (hereinafter referred to as the `Trial Court'), to this Court to be tried along with CS (COMM) No. 806/2016 titled as M/s Arrena Overseas Pvt Ltd v. M/s Batra Art Press (hereinafter referred to as the `second suit').

2. It is the case of the petitioners that the petitioners, the respondent, and the defendant no.2 in the first suit, are family members, with the petitioners and the respondent herein being cousin brothers, while the defendant no.2 in the first suit being the grandfather of the parties herein, who has since expired. The petitioners further claim that they are the shareholders in a company- M/s Arrena Overseas Pvt Ltd, situated at A-41, Naraina Industrial Area, Phase-II, New Delhi (hereinafter referred to as the `Subject Property'), in which the full ground floor and the full basement are in the possession of the petitioners. Claiming that they were illegally dispossessed from the cabin nos.1 and 2 situated at the ground floor of the said property, they filed the first suit inter alia praying for a decree of possession of the said cabins and for a decree of permanent injunction restraining the defendants in the first suit from creating any third party interest in the said cabins. The prayers in the first suit are reproduced hereinbelow:

"a) Pass a decree of possession in regard to cabin No. 1 & 2 situated in ground floor of the property bearing No. A-41, Naraina Industrial Area, Phase- II, New Delhi in favour of the Plaintiffs and against the defendants thereby restraining them, their agents, servants, associates, assigns, legal heirs, more specifically shown as Red in the site plan.

b) Pass a decree of permanent injunction in favour of the plaintiffs and against the defendants thereby restraining them, their agents, servants, associates, assigns, legal heirs from transferring share of suit property and disposing off and creating any third party interest in the cabins No. 1 & 2 situated in A- 41, ground floor, Naraina Industrial Area, Phase-II, New Delhi, more specifically shown as Red in the site plan, in the interest of justice."

3. The petitioners claim that M/s Arrena Overseas Pvt. Ltd, of which they are the shareholders, with a mala fide intent filed a false and frivolous suit, being the second suit, before this Court inter alia contending therein that M/s Batra Art Press, a partnership firm in which the petitioner no.1 is a partner along with one Mr. Ravinder Pal Singh Batra, are the tenants of the ground floor and first floor of the subject property, except portion excluded under the Lease Deed dated 01.04.2007. The Company, apart from other relief, pray for a decree of possession of the alleged leased premises from the partnership firm. The petitioners in their defence to the second Suit, inter- alia dispute the Lease Deed and submit that it was never acted upon and is a sham document.

4. The learned counsel for the petitioners submits that in both the suits, the claim of the petitioners that the suit property belongs to M/s Arrena Overseas Pvt. Ltd. of which the petitioners are the shareholders and have been wrongly excluded from the Management thereof would arise. He further submits that the issues of the family disputes would also arise in both the suits, and pleadings in this regard are identical in the two suits. He therefore, submits that to avoid any conflict of decisions, it would be appropriate if the first suit is transferred to be tried along with the second suit.

5. On the other hand, the learned counsel for the respondent submits that the two suits relate to different parts of the su