In the matter of Transfer Petition (Civil) No.970 of 2016, Ravinder Nath Agarwal, the petitioner, sought the transfer of a partition suit from the Additional District Judge, Saket Court, New Delhi, to a court in Nainital, Uttarakhand. Concurrently, Transfer Petition (Civil) No.2779 of 2019 involved the transfer of a testamentary case from the High Court of Uttarakhand, Nainital, to the District Court at Saket, New Delhi.

After considering the arguments presented by both sides, the Court made the following decisions:

Transfer Petition (Civil) No.970 of 2016 is dismissed.
Transfer Petition (Civil) No.2779 of 2019 is allowed. The testamentary case pending in the High Court of Uttarakhand is ordered to be transferred to the High Court of Delhi.
The partition suit in C.S No. 126 of 2016 pending in the Additional District Court, Saket at Delhi, shall stand transferred to the High Court of Delhi. Both the testamentary proceeding and the partition suit shall be clubbed together for disposal.
Considering the age of the partition suit, which is approximately 8 years old, the High Court of Delhi is directed to prioritize its listing. The parties are granted liberty to move applications for witness examination, including the attesters of the will, either through video conference or through court-appointed commissioners. Such applications shall be considered favorably by the High Court.

This judgment aims to ensure expeditious resolution of the legal proceedings while upholding the principles of fairness and efficiency in the administration of justice.

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