UNREPORTABLE
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CM (M) NO. 551/2005
Date of Decision: April 05, 2010
VAKIL CHAND ..... Appellant
Through Mr. Sandeep Sethi, Sr. Advocate
with Mr. Puneet Khanna, Mr. Sandeep
Sharma, Advocate
versus
DELHI VIDYUT BOARD & ORS. ..... Respondent
Through Mr. S K Dubey, Advocate with
Mr. Jamal Akhtar, Advocate
CORAM:
HON'BLE MISS JUSTICE REKHA SHARMA
1. Whether the reporters of local papers may be allowed to see the
judgment? No
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported in the 'Digest'? No
REKHA SHARMA, J. (ORAL)
This petition has been preferred against the order of Additional District Judge Dr. T R Naval dated March 5, 2005 whereby the learned Judge has reversed the order of the Civil Judge dated September 26, 2002 restraining the respondent from dispossessing the appellant except by taking recourse to due process of law.
It is submitted by learned Senior counsel for the appellant that the appellant is in possession of the suit property for the last more than 25 years and that he has filed two suits in the court of Civil Judge one of which is for permanent injunction bearing suit no. 759/2006 CM(M) 551/2005 Page 1 and the other bearing suit no. 1043/2006 is for declaration and permanent injunction. Both the suits relate to the same property but are pending in different courts.
As per the learned counsel for the respondent he has no objection to the present appeal being disposed of with a direction to the Civil Judges to dispose of the suits pending before them within a maximum period of nine months from now. It is stated by both counsels that they will jointly move an application before the District Judge for consolidation of both the suits so that they are tried and disposed of by a common judgment.
In view of the above, I direct the respective Civil Judges dealing with aforementioned suits to dispose of the same within a period of nine months from now. The parties shall be at liberty to move the District Judge for consolidation of the two suits and in the event of the District Judge passing the order of consolidation, the Judge to whom the two suits are assigned shall dispose of the same within the time specified above. In the meanwhile, till the suits are disposed of, the interim order dated September 26, 2002 passed by the learned Civil Judge shall continue.
With this direction, the petition is disposed of.
REKHA SHARMA, J.
APRIL 05, 2010 PC...
CM(M) 551/2005 Page 2