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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Pawan Kumar Saraf - Appellant
Versus
Govt. of NCT Delhi - Respondent
TR.P.(C.) 48 of 2022
Decided On : 01-08-2022
| Table of Content |
|---|
| 1. acceptance of notice for transfer request. (Para 1) |
| 2. transfer of succession case to appropriate court. (Para 2 , 3 , 4) |
| 3. disposal of the present petition. (Para 5) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Mr. Amit Mehra, Advocate accepts notice on behalf of respondent Nos.2 and 3. Learned counsel for respondent Nos.2 and 3 submits that he has no objection if the succession Case No.17/2020 titled as Pawan Kumar Saraf and Ors. vs. State & Ors. is transferred from District Shahdara to District South.
2. In view of the submissions made, it is directed that the succession Case No.17/2020 titled as Pawan Kumar Saraf and Ors. vs. State & Ors. be withdrawn from the Court of learned Administrative Civil Judge concerned Shahdara and transferred to the learned Principal District & Sessions Judge, South, Saket for assigning it to the Court of competent jurisdiction.
3. The transferee Court is directed to send the entire record of the case file to the transferor Court.
4. Parties are directed to appear before the learned Principal District & Sessions Judge, South, Saket on 16th August, 2022.
5. Accordingly, present petition stands disposed of.
Transfers in judicial proceedings can occur when all parties agree, enhancing efficiency and proper jurisdiction in case management.
The establishment of Shahdara District necessitates the transfer of jurisdiction for cases to ensure procedural conformity with administrative changes.
Consent of parties is paramount in transferring cases under the Hindu Marriage Act, ensuring expedient judicial resolution.
The court has the discretion under Section 24 CPC to transfer cases to ensure efficient handling and timely resolution of matters.
Transfer of civil suits arising from the same transaction is necessary to prevent contradictory judgments and ensure judicial efficiency.
Territorial jurisdiction for civil suits must align with the current residence of the parties involved, allowing for efficient court proceedings.
The court reaffirmed the significance of jurisdiction and the mutual consent of parties in the transfer of civil suits.
Jurisdictional relevance is crucial for the transfer of civil suits, emphasizing the need for judicial efficiency without allowing delay tactics.
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