$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 191/2024 & CM APPL. 15815/2025 RENU GAUR .....Petitioner Through: Mr. Karanjot Singh Mainee, Mr. Sahil Chopra, Mr. Dheeraj Sharma, Ms. Manya Kaushik and Ms. Wasiya, Advocates.

versus KUSUM LATA GAUR & ORS. .....Respondents Through: Mr. Deepak Kumar Dahiya, Advocate for R-1 (through VC).

Mr. Kapil Dutta, SC for R-2.

Mr. Premtosh K Mishra, CGSC with Mr. Shrey Sharma, Mr. Anubhav Upadhyay and Mr. Akshay Yadav, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 20.02.2026

1. This hearing has been done through hybrid mode.

2. The present petition under Section 24 read with Section 151 of the CPC seeks the following prayers: -

“a) Allow the present Transfer Petition thereby transferring the matter to Ld. Senior Civil Judge, South East District, Saket Court New Delhi from Ld. Senior Civil Judge, Patiala House Court, New Delhi;

b) Pass any other Order(s) as this Hon'ble Court may deem fit and proper in the interest of justice and equity.”

3. The petitioner seeks transfer of suit, CS No. 1350/2017, titled as ‘Renu Gaur v. Kusum Lata Gaur’ from learned Senior Civil Judge, Patiala House Courts, New Delhi to learned Senior Civil, South East District, Saket Courts, New Delhi. It is stated that the said suit was filed by the petitioner-plaintiff seeking permanent and mandatory injunction against the respondents in respect of illegal and unauthorised construction carried out by respondent No.1-defendant No.1 in B-1/9, Kishangarh, Vasant Kunj, South-West, Delhi, with any approval from any authority which falls within the territorial jurisdiction of South District. It is pointed out that in the prayer clause, the name of the district has been inadvertently mentioned as ‘South East’;

however, the same is ‘South’. Clarified accordingly.

4. Learned counsel for the petitioner has submitted that during the proceedings in the suit, CS No. 1350/2017, learned Civil Senior Judge pointed out that, it may not have appropriate territorial jurisdiction to adjudicate upon the dispute arising in the suit filed by the petitioner-plaintiff. Therefore, the present petition has been filed seeking transfer of the suit filed by the petitioner to the Court of competent jurisdiction in South District having authority to adjudicate upon the same.

5. Learned counsel for respondent No.1 submits that the latter has no objection, if the present petition is allowed.

6. In view above, the present petition is allowed.

7. Suit, CS No.1350/2017, instituted on behalf of the petitioner-plaintiff and pending before the Court of learned Senior Civil Judge, Patiala House Courts, New Delhi, is transferred to the learned Principal District Judge, South, Saket Courts, New Delhi, who shall assign the same to the Court of competent jurisdiction. Let the records of the said suit be transferred to the concerned Transferee Court within a period of 10 days. Parties are directed to appear before the concerned Court accordingly.

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

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

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

11. Copy of the order be sent to the learned Senior Civil Judge, Patiala House Courts, New Delhi, as well as learned Principal District Judge, South, District, Saket Courts, Delhi, for necessary information and compliance.

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

AMIT SHARMA, J FEBRUARY 20, 2026/bsr/ns