NITIN MEHTA Vs. SURESH MEHTA

JUDGEMENT

(1.) This petition has been filed seeking transfer of CS No.10357/2016 titled Sh. Nitin Mehta vs. Sh. Suresh Mehta & Anr., pending before the Court of Sh. Pooran Chand, ADJ, (South East), Saket Courts.

(2.) The subject Suit, of which transfer is sought, is a suit for possession and permanent injunction in respect of the property bearing No.B-97, Defence Colony, New Delhi. The plaintiff in the suit i.e. Sh. Nitin Mehta has sought possession and permanent injunction on the ground that he has a gift deed of the subject property from his grandfather i.e. Late Col. J.B. Mehta.

(3.) Transfer is further sought on the ground that the issues arising for consideration in the said suit would be overlapping and common to some of the issues arising in the suit being CS(OS) 425/2012, pending before this Court, which is a suit for partition, filed by Mr. Suresh Mehta seeking partition of the estate of Col. J.B. Mehta, which, inter alia, includes the suit property.