The court found no reason for the transfer of the appeal in question.

JUDGMENT

Navin Chawla, J. (Oral)

1. This transfer petition has been registered on the reference dated 11.10.2022 received from the learned Principal District & Sessions Judge, Shahdara, Karkardooma Courts, Delhi, enclosing therewith a copy of the order dated 15.09.2022 passed by the learned Additional District Judge-02, Shahdara, Karkardooma Courts, Delhi in RCA/DJ No.87/2016. Mohd. Javed v. Sharda Devi & Ors., which reads as under:

"This court has examined the parties and perused the record as well as the order dated 08.05.2017 passed by the Hon'ble Delhi High Court in Execution Second Appeal No. 6/2014 filed by Objectors/R-2 to R-6 against respondent No. 1. In the said appeal, challenge was to the order dated 19.01.2013 and 21.05.2014 whereby objections filed by Objectors/R-2 to R-6 against the R-1 were dismissed. The Execution Second Appeal No. 6/14 was allowed and both orders were set aside with further directions to the Objectors/R-2 to R-6 to appear before the Executing Court and to decide the objections afresh after framing issues and conducting trial thereupon through evidence.

This court is apprised of the fact that after the judgment was passed on 05.07.2012 by the court of Ld. SCJ-RC, North-East, KKD, the Execution Petition was filed by the plaintiff (respondent No. 1 herein) against the defendant (appellant therein) through LRs. The objections were filed before the Court of Ld. ARC-1, East, KKD, Delhi. In pursuance of the Order of Hon'ble High Court, the matter is to be scheduled for framing issues on consideration of objections of Objectors/R-2 to R-6 and for conducting trial through evidence before the Executing Court. The appeal in such a situation cannot be taken up unless the said objections are decided first.

In such circumstances, it would be appropriate if the appeal file along with trial court record be sent to the Executing Court/Successor Court of Ld. ARC-1, East, KKD, Delhi for deciding the objections after trial.

Accordingly, the present matter be put up before the Court of Ld. Principal District & Sessions Judge, Shahdara, Delhi for passing appropriate orders/directions. Both the parties and their respective counsels are directed to appear before the Court of Ld. Principal District & Sessions Judge, Shahdara, Delhi on 26.09.2022 at 2.00 pm. Ahlmad to send the file complete in all respects."

2. The learned Principal District & Sessions Judge, Shahdara, Karkardooma, Delhi, thereafter passed the order dated 26.09.2022, directing as under:

"Order dated 15.09.2022, passed by Ms. Ravinder Bedi, Ld. ADJ-02, Shahdara District, KKD Courts, Delhi perused, whereby transfer of the present appeal has been sought to the Executing Court/Successor Court of Ld. ARC- 1, East, KKD Courts, Delhi.

As the matter requires inter-district transfer, the Ld. ADJ-02, Shahdara District, KKD Courts, Delhi is required to seek transfer of the present appeal by sending the case file to the Ld. Registrar General, Hon'ble High Court of Delhi through proper channel.

Accordingly, the file be sent back to the court of Ld. ADJ-02, Shahdara District, KKD Courts, Delhi for 27.09.2022 at 2.00 pm for appropriate orders."

3. On the reference back, the learned Additional District Judge-02 passed the following order dated 01.10.2022:

"As per directions dated 26.09.2022 of Ld. Principal District & Sessions Judge, Shahdara, Delhi, let a letter of request be prepared to Ld. Registrar General, Hon'ble Delhi High Court through Ld. Principal District & Sessions Judge, Shahdara, Delhi with a request for transfer of the matter as per order dated 15.09.2022 passed by this court. The main file RCA DJ 87/2016 be also sent along with the request letter to Ld. Registrar General, Hon'ble Delhi High Court within two weeks.

Parties are directed to appear before Ld. Registrar General on 18.10.202 at 2.00 pm. Ahlmad is directed to send the file complete in all respects.

The TCR be sent back till further directions along with copy of this order."

4. In compliance with t