KULWANT KAUR Vs. AMRINDER KAUR & ANR

JUDGEMENT

(1.) The abovementioned transfer petition has been filed by the petitioner under Section 24 CPC for transfer of Civil Suit No.223/2007, titled Kulwant Kaur v. Amrinder Kaur & Anr., pending in the Court of Sh.V.K.Jha, learned Civil Judge, Tis Hazari Courts, Delhi to this Court and consolidate the same with CS(OS) No.114/2008 pending before this Court.

(2.) It is alleged in the transfer petition that the suit filed by the petitioner before this Court being CS(OS) No.114/2008 titled as Kulwant Kaur v. Amrinder Kaur & Anr. is a suit for specific performance which was filed on the basis of the fact that respondent No.1 failed to perform the terms of the family settlement. The present suit is on a larger canvass. The other suit filed by the petitioner bearing No.223/2007 pending before the learned Civil Judge, is a simple suit for injunction. Both the suits are at the initial stage. Therefore, the prayer is made in the transfer petition that the suit filed by the petitioner for injunction be transferred to this Court and the same be consolidated with the suit already pending before this Court.

(3.) Reply has been filed by respondent No.1 wherein the said respondent prayed for dismissal of the transfer petition. However, during the course of arguments, the learned counsel for respondent No.1 has not been able to explain how the respondent No.1 would be prejudiced if the suit for injunction be transferred to this Court when all the disputes between the parties can be decided by the same Court in order to save the cost, time and conflict of judgments.