SANJAY ARORA Vs. SUDHIR KUMAR ARORA

JUDGEMENT

(1.) PRESENT transfer petition has been filed under Sections 23 and 24 of Code of Civil Procedure, 1908 for transfer of probate case bearing RC No.3/2011 pending before Additional District Judge, Tis Hazari Courts, Delhi to this Court.

(2.) LEARNED counsel for the petitioners states that the petitioners have already filed a suit for partition against respondent no. 1 being CS(OS) 39/2011 in this Court. He further states that vide order dated 10th January, 2011 this Court in CS(OS) 39/2011 stayed the alienation and transfer of properties which are subject matter of the said suit.

(3.) LEARNED counsel for the respondent fairly states that both the probate petition as well as civil suit should be tried together. However, he states that as the pecuniary value of the suit property is Rs. 12,00,000.00, present suit should be transferred to the District Court and the same should be heard along with probate petition before the District Court.