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Anuj Kathuria   11 June 2024

Order vi rule 17 cost imposed

My landlord has expired during pendency of eviction suit .Application under order VI rule 17 by lrs of petitioner(for bonafide  requirement of suit premises for their business whereas landlord bonafide requirement of suit premises was for his business) allowed by Honorable judge .Order challenged in high court .stay not granted .Cost imposed on lr's of petitioner for allowing application ,by court .Application u/s 151 moved by respondent (new counsel) to keep cost in abeyance till the disposal of petition in high court .Informed afterwards  by Honorable judge that cost has already been paid to respondent (earlier counsel)  .Respondent has been kept in dark and was not  informed by (earlier counsel) about the same .Respondent has paid back cost in lr's of petitioner bank a/c . lr's of the petitioner informs  that they have not asked or consented for the cost .For the past 2 hearings ,they make it a point to attend court proceeding after we leave and their statements are recorded afterwards .

Is it possible to get case transferred to other court ?

If yes ,please advice process for the same and further course of action .

Thank you 


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 June 2024

Why did you leave the court in hurry when the case hearing has been adjourned.

What exactly is your problem.

Transfer petition will not be entertained for such reasons.

If you have changed your counsel you better follow it up properly on all such issues 

Anuj Kathuria   11 June 2024

Sir ,I only leave when the case hearing is concluded .
Lr's of petitioner did not turn up on one occasion and came to know about their presence from order sheet later .
Petitioner counsel joined on 2 nd occasion after court hearing .Came to know about his presence from order sheet .
Their statements were recorded on both the occasions .

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