Deepak vs Kaptan Singh
2020 Latest Caselaw 2336 Del

                                      $~4

                                      * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                      Judgment delivered on: 04.08.2020

                                      +      CM(M) 403/2020
                                             DEEPAK                                             ..... Petitioner
                                                                    versus

                                             KAPTAN SINGH                                       ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner: Mr. Azjam Ansari with Mr. Mohammed Mustafa and
                                                          Md. Ashfaque Ansari, Advocates.

                                      For the Respondent:   None.
                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA
                                                                      JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL.17596/2020 (exemption from certified copies) & CM APPL.17597/2020 (exemption from filing notarized affidavits and court fee) Exemptions are allowed subject to all just exceptions. The duly attested copy of affidavits and court fee shall be filed within one week of the resumption of the regular functioning of the Court. CM(M) 403/2020 & CM APPL.17595/2020 (for grant of status quo)

1. The hearing was conducted through video conferencing.

2. Petitioner has filed this petition contending that an urgent application filed by the petitioner on 30.07.2020 before the Trial Court was not listed for hearing.

Digitally Signed By:KUNAL MAGGU Signing Date:04.08.2020 17:54:19 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

3. It is contended that the respondent is raising unauthorised illegal construction on the plot purchased by the petitioner.

4. Petitioner has filed the subject suit for permanent injunction in which summons have been issued returnable for 08.10.2020.

5. Learned counsel for the petitioner submits that subsequently petitioner came to know that the respondent has started raising unauthorised construction with haste. He approached the Trial Court, however, the urgent application filed by the petitioner in the Registry has not yet been listed.

6. Since the Suit of the petitioner is already pending before the Trial Court and the application was filed only on 30.07.2020, this petition is premature, however interest of justice require that the Trial Court should expeditiously take up for consideration the urgent application filed by the petitioner on 30.07.2020.

7. In view of the above, this petition is disposed of directing the Trial Court to expeditiously take up for consideration the application filed by the petitioner on 30.07.2020 and dispose of the same in accordance with law.

8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email.

                                      AUGUST 04, 2020                             SANJEEV SACHDEVA, J
                                      st



Digitally Signed By:KUNAL
MAGGU
Signing Date:04.08.2020 17:54:19
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.