Vakil Chand vs Delhi Vidyut Board & Ors.
2010 Latest Caselaw 1771 Del

                                                      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