Anokhey Lal Kardam v. Maitray Budh Vihar Prabandhak Samiti

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 02, 2010 + TRP 3/2010 o/o

02.02.2010 Anokhey Lai Kardam ...Petitioner Through: Mr. Madan Lai Kalkal, Advocate Versus Maitrey Budli Vihar Prabandhak Samiti ...Respondent Through: JUSTICE SHIV NARAYAN DHINGRA

¶1Whether reporters of local papers may be allowed to see the judgment?

2.. To be referred to the reporter or not?

¶3Whether judgment should be reported In Digest? ORAL

¶1This petition has been preferred by the petitioner for transfer of the Suit No.596 of 2007 along with M. 52 of 2008 titled as Maitrey Budh Vihar Prabanhdak Samiti versus Anokhey Lai Kardam & Suit No,1305 of 2007 titled as Dhamma Priya Gautam versus Anokhey Lai Kardam from the Court of Shrl Pulshtiya Parmachala.

¶2The petitioner had made an application under Section 24 to the learned District Judge having administrative and subversary jurisdiction and the learned District Judge after considering the submissions made in the application and considering the fact that even an earlier appij-ation made on similar groun;1 was dismissed, dismissed the application made by i-he petitioner under Section 24 for transfer of the case to another Civil Court. By the p'-e-^.ent petition., petitioner does not challenge the order passed by learned District Judge, but makes another application to this Court for transfer of the case from Civil Judge who was trying the case to another Civil Judge. TRP3/2010 Anokhey Lai Kardam V.Maitrey Budh Vihar Prakandliak Samiti Page I Of 2 - Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

¶3Since this Court and the learned District Judge have concurrent powers under Section 24 to transfer the case, from one Civil Judge to another. Once the power has been exercised by the District Judge and application declined, another application would not lie before this Court. The petition is hereby dismissed. No orders as to costs. February 02, 2010 rd SKIV NARAYAN/DKING TRP3/2010 Anokhey Lai Kardam v. Maitrey Budh Vihar Prabandhak Samiti