Sunny Khurana vs. Girdhari Lal
AI Summary
The Delhi High Court granted a transfer petition to shift a property dispute suit from East District to West District courts, consolidating related litigation over a property in Ramesh Nagar, New Delhi. The court found it appropriate to transfer the case considering the interrelated nature of multiple suits and the property's location within West District jurisdiction.
Case Identifiers
Petitioner's Counsel
eCourtsIndia AITM
Brief Facts Summary
The dispute concerns a double storey property bearing No. 38/1 & 2, Ramesh Nagar, New Delhi. An Agreement to Sell was entered into on 21.05.1997 between Girdhari Lal (defendant no. 1) and Kishan Chand. Sunny Khurana claims to have acquired the property through Kishan Chand. Girdhari Lal filed Civil Suit No. 1763/2016 in East District court seeking cancellation of the Agreement to Sell and recovery of the property. Sunny Khurana, though not originally a party, sought to be impleaded as a defendant. Additionally, Girdhari Lal filed two other suits (Civil Suit Nos. 1166/2018 and 1167/2018) in West District court for recovery and possession of the same property against different defendants. Sunny Khurana filed a transfer petition seeking to consolidate all related suits in West District court.
Timeline of Events
Agreement to Sell entered into between Girdhari Lal and Kishan Chand for the property at Ramesh Nagar, New Delhi
Sunny Khurana claims to have acquired the property through Kishan Chand
Girdhari Lal filed Civil Suit No. 1763/2016 in East District court seeking cancellation of Agreement to Sell and recovery of property
Girdhari Lal filed Civil Suit No. 1166/2018 and Civil Suit No. 1167/2018 in West District court for recovery and possession of the property
Sunny Khurana filed Transfer Petition TR.P.(C.) 23/2019 in Delhi High Court
First hearing before Justice Vinod Goel; notice issued to respondents returnable on 01.04.2019
Final order passed by Justice Vibhu Bakhru granting the transfer petition
Parties directed to appear before West District court
Key Factual Findings
Sunny Khurana claims to have acquired the property through Kishan Chand
Source: Recited from Petitioner Pleading
An Application under Order 1 Rule 10 CPC has been filed seeking to implead the petitioner as a defendant
Source: Recited from Petitioner Pleading
The petitioner is not contesting the application for impleading and readily concedes to be impleaded as a defendant
Source: Recited from Petitioner Pleading
Two other suits have been filed for recovery and possession of the property, being Civil Suit No. 1166/2018 and Civil Suit No. 1167/2018
Source: Recited from Petitioner Pleading
The said suits are pending before the Court of learned ADJ, West District, Tis Hazari Court Complex
Source: Recited from Petitioner Pleading
The property falls within the West District
Source: Current Court Finding
The controversy involved in the suits may be interrelated
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Questions of Law
Statutes Applied
Petitioner's Arguments
The petitioner Sunny Khurana argued that: (1) The petitioner has acquired the property through Kishan Chand and has a legitimate interest in the suit; (2) The petitioner is willing to be impleaded as a defendant in the original suit without contesting the application; (3) Multiple related suits involving the same property are pending in West District court; (4) The property is located in West District; (5) Consolidation of all related suits in one court would be more efficient and avoid conflicting judgments; (6) The transfer would serve the interests of justice.
Respondent's Arguments
The respondent Girdhari Lal did not appear in court despite service of notice and did not present any arguments against the transfer petition.
Court's Reasoning
The court found that: (1) The petitioner, though not originally a party to the suit, has a legitimate interest as the property is claimed to have been acquired through Kishan Chand; (2) The petitioner's willingness to be impleaded as a defendant without contesting the application demonstrates good faith; (3) Multiple related suits (Civil Suit Nos. 1166/2018 and 1167/2018) are already pending in West District court for recovery and possession of the same property; (4) The property is located in West District; (5) The controversy involved in the suits may be interrelated; (6) Consolidation of related suits in one court would promote judicial efficiency and prevent conflicting decisions; (7) It is appropriate to transfer the suit from East District court to West District court.
- Emphasis on Judicial Efficiency - The court prioritized consolidation of related suits to avoid conflicting decisions
- Pragmatic Approach - The court considered the practical implications of having related suits in different courts
- Fairness and Natural Justice - The court ensured that the petitioner's legitimate interest was protected
Impugned Orders
Specific Directions
- 1.Civil Suit No. 1763/2016 captioned 'Girdhari Lal and Others v. Sh. Ashok Kumar and Others' is transferred from the Court of learned ADJ, East District, Karkardooma to the West District, Tis Hazari Court
- 2.Parties are directed to appear before the concerned Court on 03.06.2019
- 3.Order dasti under signature of Court Master
Precedential Assessment
Persuasive (Other High Court)
This is a single judge order of the Delhi High Court dealing with transfer of suits between district courts. While not binding on other courts, it provides persuasive guidance on the principles governing transfer of suits based on property location and consolidation of related litigation. The order does not establish new law but applies established principles of judicial efficiency and jurisdiction.
Tips for Legal Practice
Legal Tags
Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.
Order Issued After Hearing
Purpose:
First Hearing
Listed On:
8 Mar 2019
Order Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 23/2019 and CM Nos. 10999/2019 & 11000/2019
SUNNY KHURANA & ANR ..... Petitioners Through: Mr Praveen Suri with Ms Jessica Jacob, Advocates. versus
GIRDHARI LAL & ANR ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 17.05.2019
-
None appears for the respondents despite service of notice.
-
The petitioners have filed the present petition, inter alia, praying that the Civil Suit bearing No. 1763/2016 captioned "Girdhari Lal & Others v. Sh. Ashok Kumar & Others", which is pending before the Court of Learned ADJ, East District, Karkardooma Court be transferred to the concerned Court in West District.
-
The plaintiffs in the said suit had sought cancellation of an Agreement to Sell dated 21.05.1997 entered into between defendant no.1 and one Sh. Kishan Chand, in respect of the suit property bearing No. 38/1 & 2, Double Storey, Ramesh Nagar, New Delhi (hereafter 'the said property'). The petitioner claims to have acquired the said property through Kishan Chand. Although, the petitioner is not a party to the said suit, it is stated that an application under Order 1 Rule 10, CPC, has been filed seeking to implead the petitioner and the learned counsel appearing for the petitioner states that the petitioner is not contesting the said application and readily concedes to
$~6
implead the defendant in the said suit. It is further stated that two other suits have been filed for the recovery and possession of the said property, being Civil Suit No. 1166/2018 captioned "Girdhari Lal Tolani v. Narender Kumar and Anr." and Civil Suit No. 1167/2018 captioned "Girdhari Lal Tolani v. Jagdish Lal & Another". The said suits are pending before the Court of learned ADJ, West District, Tis Hazari Court Complex.
-
Since the controversy involved in the suits may be interrelated and also considering that the said property falls within the West District, this Court considers it apposite to allow the present petition.
-
Accordingly, Suit No. 1763 of 2016 captioned "Girdhari Lal and Others v. Sh. Ashok Kumar and Others" is transferred from the Court of learned ADJ, West District, Karkardooma to the West District, Tis Hazari Court. The parties are directed to appear before the concerned Court on 03.06.2019.
-
The applications also stand disposed of.
-
Order dasti under signature of Court Master.
VIBHU BAKHRU, J
MAY 17, 2019 RK
Original Order Copy
Get a certified copy of this order