TR.P.(C.)/93/2017 of SHEFALI GUPTA Vs DEEPAK GUPTA & ORS

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAWORDER%11.09.2017

1.Transferin exerciseofunder Section24 of CPC isofpowers soughtSuit No.13/2017 titled Deepak Gupta Vs. Neelam Gupta of the Court ofMs. Neha Priya, Civil Judge - 01 (South), Saket Courts Complex, NewDelhito this Courtfor trialalongwith CS(OS)No.3416/2015ofthis Court.

2.The petition was entertained and notice thereof ordered to be issued.

3.The counsel for the respondentno.1 Deepak Gupta and the counselfor the respondent no.2 Neelam Gupta appear. None appears for therespondentno.3 SophiaGuptawho has not even been served.On enquiryitis statedthat she has not been servedwith the summonsof the suit which issought to be transferredalso. In this view of the matter, her service isdispensed with.

4.It is informed(A) that CS(OS)No.3416/2015of this Court was filedby O.P. Gupta and the petitionerherein againstthe respondentsherein andsome other persons for (i) declaration and cancellation of Partition Deeddated 16^'' May, 2011, RelinquishmentDeed dated 16^^ May, 2011, SpecialPower of Attorney dated 13'*^ September, 2011, ConciliationAgreeinent

Signature Not Verified

datedSeptember, 2011, Agreement,datedSeptember, 2011; (ii)declaration that the defendant no.l Deepak Gupta has no interest in theproperty no.C-2/6, Safdarjung Development Area, New Delhi; and, (iii)declaration of O.P. Gupta as the owner of the said property and for ancillaryreliefs; (B) Shri O.P. Gupta has since died and the petitioner and therespondent no.2 Neelam Gupta claim O.P. Gupta to have left validlyexecuted last Will; (C) The respondent no.1 Deepak Gupta has instituted thesuit which is sought to be transferred, for declaration of the said documentclaimed to be the Will of O.P. Gupta as bad for the reason of O.P. Guptahaving no rights in the property aforesaid and on some other grounds.

5.The counsel for the respondent no.2 Neelam Gupta informs that therespondent no.2 Neelam Gupta has since filed Probate Case in this Courtseeking probate of the document claimed to be the Will of O.P. Gupta and inwhich notice has been ordered to be issued including to the respondent no.lDeepak Gupta.

6.I have enquired from the counsel for the respondent no.l DeepakGupta the need to pursue the suit before the Civil Court inasmuch as thequestion of validity of the document claimed to be the Will would bedeteiTnined in the Probate Case and the question of valid execution of thedocumentsaforesaidwouldbe consideredin the previouslyinstitutedCS(OS)No.3416/2015 of this Court.

7.The counsel for the respondent no.l Deepak Gupta however statesthat the suit is not infructuous.

8.In this Transfer Petition, the aforesaid question cannot be decided.TR.P.(C.) No.93/2017page 2 of3

9.However in the facts and circumstances aforesaid, the petition isallowed.

10.Suit No.13/2017titled Deepak Gupta Vs. Neelam Gupta of the Courtof Ms. Neha Priya, Civil Judge - 01 (South), Saket Courts Complex,NewDelhi is ordered to be transferredto this Court and be placed before thesame Hon'ble Judge on the Ordinary Original Civil Side of this Court beforewhich CS(OS) No.3416/2015 is pending and informed to be Hsted next on9'*^ November,2017.

11.The learned Civil Judge is requested to forthwith physically transferthe file.12.The petition is disposed of

RAJIV SAHAI ENDLAW, J

SEPTEMBER 11, 2017'pp'.

TR.P.(C.) No.93/2017