SHYAM SAHNI Vs. SARABJIT PRAKASH & ORS

JUDGEMENT

(1.) The present petition has been filed by the petitioner(plaintiff in CS(OS) No.1134/2008) praying inter alia that the records of Civil Suit No.13/2014, entitled "Sarabjit Prakash & Anr. Vs. Shyam Sahni & Ors." pending in the court of the learned Senior Civil Judge(South-East), Saket Courts, New Delhi, be transferred to the High Court and taken up with the captioned suit.

(2.) Pleadings are complete.

(3.) Counsel for the petitioner states that the subject matter of CS(OS) No.1134/2008 and Civil Suit No.13/2014, filed by the respondent No.1 is the same, namely, premises bearing No.68, Friends Colony, New Delhi and further, the parties are also common. He adds that apart from CS(OS) No.1134/2008, the petitioner had filed Suit No.983/2013 pertaining to the very same property where most of the respondents herein have been impleaded as defendants, but in view of the Notification enhancing the pecuniary jurisdiction of the High Court to Rs.2 crores and above, the said suit has been transferred to the court of the learned ADJ, Saket(South-East), New Delhi. He states that he shall be taking steps for seeking transfer of the aforesaid case back to the High Court.