Delhi High Court
Sh. Dinesh Kumar Gupta vs Sh. Vidya Devi & Ors. on 14 November, 2019
$~24 to 27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14th November, 2019
+ LPA 175/2019 and CM No.12036/2019
SH. DINESH KUMAR GUPTA ..... Appellant
Through: Mr. Kapil Sankhla, Ms. Meghna
Sankhla and Mr. Anurag Dubey,
Advs.
versus
SH. VIDYA DEVI & ORS. ..... Respondents
Through: Mr. Anoop Prakash Awasthi, Adv.
for R-1 and 2 with Mr. Roshan
Lal/R-2 in person
+ LPA 180/2019 and CM No. 12279/2019
SH. SUDHIR KUMAR ..... Appellant
Through: Mr. Kapil Sankhla, Ms. Meghna
Sankhla and Mr. Anurag Dubey,
Advs.
versus
SH. VIDYA DEVI & ORS. ..... Respondents
Through: Mr. Anoop Prakash Awasthi, Adv.
for R-1 and 2 with Mr. Roshan
Lal/R-2 in person
+ LPA 181/2019 and CM No. 12331/2019
SUDHIR KUMAR ..... Appellant
Through: Mr. Kapil Sankhla, Ms. Meghna
Sankhla and Mr. Anurag Dubey,
Advs.
versus
VIDYA DEVI & ORS ..... Respondents
Through: Mr. Anoop Prakash Awasthi, Adv.
for R-1 and 2 with Mr. Roshan
Lal/R-2 in person
LPA 175/2019, LPA 180-182/2019 Page 1 of 4
+ LPA 182/2019 and CM No. 12333/2019
DINESH KUMAR GUPTA ..... Appellant
Through: Mr. Kapil Sankhla, Ms. Meghna
Sankhla and Mr. Anurag Dubey,
Advs.
versus
VIDYA DEVI & ORS ..... Respondents
Through: Mr. Anoop Prakash Awasthi, Adv.
for R-1 and 2 with Mr. Roshan
Lal/R-2 in person
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 14.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
LPA 175/2019 and CM No.12036/2019
LPA 180/2019 and CM No. 12279/2019
LPA 181/2019 and CM No. 12331/2019
LPA 182/2019 and CM No. 12333/2019
1. Before the learned counsel appearing for the appellants in these
Letters Patent Appeals argues in detail, it is submitted by learned counsel
for the respondents that these appeals have been preferred against the
interim order dated 15th February, 2019 passed by the learned Single
Judge wherein stay has not been granted by the learned Single Judge and
only notice has been issued. It is also submitted by counsel for the
respondents that vide interim order dated 15th March, 2019, passed in
these appeals, status quo has been ordered to be maintained by both the
parties. For ready reference, relevant extract of the said order is
reproduced herein below:
"LPA 175/2019 & C.M.No.12036/2019 (interim
direction)
LPA 180/2019 & C.M.No.l2279/2019 (interim
direction)
LPA 181/2019 & C.M.No.12331/2019 (interim
direction)
LPA 182/2019 & C.M.No.l2333/2019 (interim
direction)
At the request of learned counsel for the respondents,
list on 1st April, 2019.
Till the next date of hearing status quo as on today
with regard to the occupation and possession of the
property in question shall be maintained.
Order dasti under the signature of the Court Master."
2. Learned counsel appearing for the respondents further submits that
as the writ petitions are already fixed for hearing on 17th December, 2019
before the learned Single Judge, and hence the status quo granted by this
Court in these appeals may be continued during the pendency and final
disposal of writ petitions and the writ petitions may kindly be directed to
be decided finally by the learned Single Judge at the earliest.
3. Learned counsel appearing for the appellants submits that he has
no objection to the submissions made by the counsel for the respondents.
otherwise he is ready to argue the appeals as there are half a dozen suits
pending before the trial court for the very same properties in which
applications under Order XXXIX Rule 1 & 2 of CPC have also been
allowed, which are referred to in the writ petitions.
4. All these arguments are not required if the status quo order granted
by this Court is to be continued till the final disposal of W.P.(C)
1495/2019 and other connected writ petitions.
5. In view of this limited submission, the interim protection granted
by this Court vide order dated 15th March, 2019 as stated hereinabove
shall continue to be operative during the pendency and final disposal of
the writ petitions bearing W.P.(C) Nos. 1495/2019, 1496/2019,
1529/2019 and W.P.(C) 1531/2019. These writ petitions have already
been fixed for final hearing on 17th December, 2019 before the learned
Single Judge.
6. With these observations, these appeals are hereby disposed of.
CM No.12036/2019 in LPA 175/2019
CM No. 12279/2019 in LPA 180/2019
CM No. 12331/2019 in LPA 181/2019
CM No. 12333/2019 in LPA 182/2019
7. In view of the disposal of the appeals, all these applications stand
disposed of.
CHIEF JUSTICE
NOVEMBER 14, 2019/kr C.HARI SHANKAR, J.
