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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 18/2024 & CM APPL. 5606/2024, CM APPL. 9333/2024

BIHARI LAL JANGIR .....Petitioner

Through: Mr. Sandeep Khatri, Advocate

(through VC).

versus

HARI PRAKASH AGGARWAL .....Respondent

Through: None.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 13.01.2026

1. This hearing has been done through hybrid mode.

2. The present petition under Section 24 read of the CPC seeks the

following prayers: -

“(a) Transfer the SUIT BEARING NO. CS DJ 59367/16, TITLED AS BIHARI LAL JANGIR VS HARI PRAKASH AGGARWAL qua the property bearing no. C-269, Block A, Lok Nayak Puram, Delhi as it is from the court of Sh. Vikram Bali, Ld. ADJ, Rohini Distt. Court to the South West Distt, Dawarka Court, further direct the Ld. Transfree Court to proceed with the matter from its current

state. And/or;

(b) Pass such other and further order(s) as this Hon'ble Court may

deem fit and proper in the facts and circumstances of the case.”

3. Learned counsel for the petitioner has submitted that initially, when the suit, CS DJ 59367/2016, was filed the subject suit property was situated in North District; however, the said property is now under the jurisdiction of West District. It is pointed out that the learned Trial Court in the said suit, vide

order dated 04.03.2023, had proceeded ex-parte against the respondent/defendant. It is further pointed out that due to inadvertence, in the prayer clause the Transferee Court has been mentioned as South West, District; however, the same is West District.

4. Notice was issued in the present petition on 15.02.2024. During the pendency of the present petition, the petitioner had since passed away on 12.08.2024. His legal heirs were sought to be impleaded by way of an application, CM APPL.56809/2024, filed on behalf of the proposed legal representatives. Several opportunities were granted to the respondent to file reply to the said application on 27.03.2025 and 29.08.2025; and, vide order dated 03.11.2025 learned Joint Registrar (Judicial) had closed the opportunity to file reply and allowed the aforesaid application as the right to sue was survived in favour of the applicants/legal representatives. Amended memo of the parties was also taken on record.

5. Thereafter, none had appeared on behalf of the respondent/defendant on 03.12.2025, the last date of hearing.

6. None had appeared on behalf of the respondent/defendant today.

7. In view thereof, this Court has proceeded ex-parte in the present petition.

8. In view of the above, the present petition is allowed. Suit, CS DJ 59367/2016, pending before the Court of learned Additional District Judge- 02, North District, Rohini Courts, Delhi, is transferred to the Principal District Judge, West District, Tis Hazari Courts, Delhi, who shall assign the same to the Court of competent jurisdiction. Let the records of the said suit be transferred to the concerned Court within a period of 10 days. Petitioner/plaintiff is directed to appear before the concerned Court accordingly.

9. With the aforesaid direction, the present petition is disposed of.

10. It is clarified that the learned Transferee Court will proceed with the suit from the stage at which it is being transferred.

11. Pending applications, if any, also stand disposed of accordingly.

12. Copy of the order be sent to the learned Principal District Judge, West District, Tis Hazari Courts, Delhi, for necessary information and compliance.

13. Order be uploaded on the website of this Court, forthwith.

AMIT SHARMA, J JANUARY 13, 2026/bsr/ns