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2025 DAILYLAW 5182 (DEL)

SHACHI J. AGARWAL v. STATE OF NCT OF DELHI & ORS.

TR.P.(C.)/105/2025 · 2026-07-06

Harish Vaidyanathan Shankar

body2025

Judgment text

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$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 105/2025 SHACHI J. AGARWAL .....Petitioner Through: Mr. Archit Arora and Ms. Nikita Kalia, Advocates. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Ms Nitika Bhutani, Advocate for R-1/GNCTD. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 06.07.2026 1. The present Petition has been filed under Section 24 of the Code of Civil Procedure, 1908, read with Section 273 of the Indian Succession Act, 1925, seeking transfer of Probate Case No. 24 of 2022, titled “Ms. Shachi J. Agarwal v. State of NCT of Delhi & Ors.”, presently pending before the Court of learned Additional District Judge, District New Delhi, Patiala House Courts, New Delhi to this Court. 2. Learned counsel appearing on behalf of the Petitioner submits that, as per the valuation report furnished by the concerned SDM, the value of the estate exceeds Rs. 10,000/- and, therefore, in terms of Section 273(b) of the Indian Succession Act, 1925, this Court has the requisite pecuniary jurisdiction to entertain and decide the probate proceedings. 3. Learned counsel appearing on behalf of Respondent No. 1, which is only a pro forma Respondent, concurs with the aforesaid This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:58:42 submission. 4. A perusal of the record further reveals that the Respondent Nos. 2 and 3 have not been appearing in the present Petition since the inception of the present proceedings. Despite several opportunities, no reply has also been filed on their behalf and consequently, vide Order dated 06.05.2026, their opportunity to file a reply has also been closed. 5. In view of the aforesaid, and considering that the valuation report submitted by the concerned SDM and there being no objection to the prayer for transfer, this Court has no hesitation in granting the relief as sought for in the present Petition. 6. Accordingly, Probate Case No. 24/2022 titled “Ms. Shachi J. Agarwal v. State of NCT of Delhi & Ors.” is directed to be transferred from the Court of the learned Additional District Judge, New Delhi District, Patiala House Courts, New Delhi, to this Court within a period of four (4) weeks from today. 7. Upon receipt of the record from the Court concerned, the Registry is directed to take necessary steps for registration of the matter and list the same before the appropriate Bench of this Court. 8. The present Petition along with pending Application(s), if any, stands disposed of in the aforesaid terms. HARISH VAIDYANATHAN SHANKAR, J. JULY 06, 2026/tk/jk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:58:42