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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Qayyum Khan - Appellant
Versus
Yakub Khan - Respondent
TR.P.(C.) 41 of 2022, CM Appl. 28149 of 2022
Decided On : 22-11-2022




The court emphasizes the need for consolidating related suits to ensure efficient justice and avoid contradictory judgments, highlighting the necessity of Section 24 of the Code of Civil Procedure.

Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer petition - The petition seeks transfer of two pending civil suits to the same court for consolidated trials to facilitate efficient justice and avoid duplicative evidence - Both parties agree to consolidation for proper trial - Evidence in the first suit is in progress; however, it is essential to maintain consistency across both cases. (Paras 1, 2, 11, 12, 14)

(B) Court's order - The court ruled it necessary to transfer and consolidate the suits to ensure an expeditious trial and to prevent conflicting judgments, stating that it should be done in accordance with law. (Paras 12, 14)

Facts of the case:
The suits involve parties related to the same deceased individual, alleging illegal execution of a sale deed by certain defendants and seeking cancellation of said deed, along with other reliefs.

Findings of Court:
The transfer of records was directed to enable consolidated hearings in the interest of judicial efficiency.

Issues: The key issues included the necessity for transfer and consolidation of suits pending in different courts and the agreement of both parties for the same.

Ratio Decidendi: The court emphasized the importance of consolidated trials for overlapping legal issues, maintaining that such measures serve the interests of justice and judicial economy.

Result: The petition stands disposed of with directions.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present transfer petition has been filed under Section 24 of the Code of Civil Procedure, 1908 for transfer of the following petitions to the same Court i.e.;

(1) Civil Suit no. 607070/2016 (old no.1987/1992) titled as "Qayyum Khan vs Manjit kaur & ors." pending in the Court of Civil judge-01, West Delhi, Tis Hazari Courts, Delhi, (hereinafter referred as first suit) and

(2) Suit no. 8711/16 (old no. 433/2014) titled as "Qayyum khan vs Yusuf Khan & ors." pending in the Court of ADJ-03, South-East District, Saket Courts, New Delhi. (hereinafter referred as Second suit)

2. The suit No.1 was initially filed before this Court in the year 1992 with the following prayers;

(1) The decree for declaration be passed in favour of the plaintiff against the defendants setting aside the Sale Deed dated 23.08.1991 as illegal & void and the defendants No's 1 & 2 be directed to be the tenants of the plaintiff, and be further directed to hand over the legal possession of the premises to the plaintiff;

(2) A decree for permanent injunction may be passed in favour of the Plaintiff and against the defendants, its officials, agents, servants, etc,.from selling, disposing, transferring and parting with the possession of the suit property to any other person;

(3) A decree for permanent injunction be passed in favour of the plaintiff against the defendant No.7 restraining the Delhi Development Authority from making any change in the mutation done in the same of the plaintiff in collusion with the defendants, with regard to the properties according to the will in his favour;

(4) Costs of the proceedings be also awarded.

3. Subsequently, the first suit was transferred to the district court upon enhancement of pecuniary jurisdiction of the district courts.

4. The second suit was filed in the year 2014 with the following prayers;

a) Grant a decree for declaration with consequential relief thereby declaring the alleged sale deed dated 22.06.2011 registered as document No.9731 in Book No.I, Vol. No.11257 on pages 1 to 7 on 25.06.2011 in the office of the Sub-Registrar-V, New Delhi by the defendant No.2 in favour of defendant No.4 and predecessor in interest of defendant No.5 to 9 namely Smt. Manjit Kaur and witnessed by the defendant No.1 to be illegal, bogus, null and void, ineffective and inoperative against the rights of the plaintiff with respect to property comprised in Khasra No.594 (Municipal No.58) situated on Church Road, Bhogal, Jungpura, New Delhi and for the cancellation of the said documents with consequential relief in favour of the plaintiff;

b) To pass a decree for permanent injunction restraining the defendants from claiming any right, title or interest in the suit property on the basis of the aforesaid document detailed in sub-para (a) above directly and through their agents, servants, attorneys, representatives etc. and further from using the said document in future and restraining them from selling, transferring and creating third party interest in the suit property on the basis of or on the face of the said document dated 22.06.2011 registered on 25.06.2011;

c) To grant a mandatory injunction thereby directing the defendant No.11 i.e. the Sub-Registrar-V, Mehrauli, New Delhi to delete the said document from the record of its office and deem the same as cancelled for all purposes whatsoever;

d) Grant the costs of this suit.

5. The parties in both the suits are the children of late Sh. Chand Khan. The allegations in brief are that the defendants in both the suits who are the children of second wife of late Sh. Chand Khan unauthorizedly and illegally executed a sale deed of the property bearing Plot No. 109, Municipal No. 4936 (old)/58 (new) in Khasra No. 594, Church Road, Bhogal, Jangpura, New Delhi.

6. Both the suits are regarding the cancellation of the sale deed executed by such children of the second wife of late Sh. Chand Khan. In both the suits, the consequential reliefs have al

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