1. This is a petition under Section 25 of the Code of Civil Procedure seeking transfer of Civil Original Suit No. 463/2002 from the City Civil Court at Bangalore, Karnataka to the High Court (Original Side) at New Delhi.
2. This is an unfortunate litigation between an old aged mother and her two daughters. The younger daughter, the respondent No.2 appears to be a non-resident Indian. The respondent No. 1 is the elder daughter, who has filed a suit for partition of property in the Court of Addl. City Civil and Sessions Judge, Bangalore, Karnataka impleading her mother and the other sister as defendants. The suit properties consist of a house property situated at NOIDA in Uttar Pradesh, a house property situated at Bangalore and shares detailed in the Schedules A, B and C annexed with the plaint. There is some controversy whether the house property at NOIDA has been disposed of by sale or not but we do not propose to enter into that controversy. Suffice it for our purposes to note that the property at NOIDA continues to be one of the items of property whereof partition has been sought for. According to the petitioner who is admittedly an old aged lady of more than 80 years and presently suffering a fragile health, she is dependent on a relation of hers staying at Hauz Khas, New Delhi. It is submitted by petitioner that there is none else to look after her and it would be difficult for her to move to Bangalore and arrange for her defence in the partition suit. The defence of the petitioner herein appears to be that all the properties whereof partition is sought for belong to her late husband who was a Major General in Army and has executed a Will dated 6.9.1990 registered with the Army Headquarters wherein all the properties have been bequeathed by him to his wife, i.e. the petitioner herein.
3. Considering the totality of the facts and circumstances of the case, we think that the interest of justice would be better served if the partition suit is tried before a competent Court in Delhi. Accordingly, the transfer petition is allowed. Original Suit No. 463/2002 titled "Sushma Haskar v. Smt. Sujaya Mishra and Anr." presently pending in the Court of XXII Addl. City Civil & Sessions Judge, Bangalore, Karnataka is directed to be transferred to the High Court of Delhi (Original Side).
4. The High Court of Delhi may try the suit itself or make over the same to a Court of competent jurisdiction within its jurisdiction.
5. The XXII Addl. City Civil & Session Judge, Bangalore, Karnataka shall, soon on communication of this order, transfer the record of proceedings in Original Suit No. 463 of 2002 titled as "Sushma Haskar v. Sujaya Mishra and Anr." to the High Court of Delhi.
6. The parties through their respective counsel are directed to appear before the High Court of Delhi on 19th May, 2003.
No order as to the costs.