Parents Association Of K R Manglam ... vs Govt Of Nct Of Delhi & Ors
2020 Latest Caselaw 1619 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 13th March, 2020
+      LPA 692/2019
       PARENTS ASSOCIATION OF K R
       MANGLAM WORLD SCHOOL GK 2               ..... Appellant
                    Through: Mr. Gaurav Bahl, Adv.

                          versus

       GOVT OF NCT OF DELHI & ORS                ..... Respondents
                    Through: Mr. Gautam Narayan, ASC with Ms.
                              Dacchita Shahi and Ms. Shivani Vij,
                              Advs. for GNCTD (DOE)
                              Mr. Kamal Gupta and Mr. Vibhav
                              Mehra, Advs. for respondent - school
       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                          ORDER

       %                  13.03.2020

D.N. PATEL, CHIEF JUSTICE (ORAL)

LPA 692/2019

1. This Letters Patent Appeal has been preferred by the appellant (original petitioner in WP(C) No. 5688/2019) against the impugned order dated 11th October, 2019 passed in application being CM Appl. No. 44801/2019, in W.P.(C) 5688/2019, which is reproduced hereunder:

"1. Issue notice to the respondents.

2. Ms. Shivani Vij accepts notice on behalf of respondent no. l while Mr. Kamal Gupta accepts notice on behalf of respondent nos.2 and 3.

3. A reply be filed within three weeks from today. Rejoinder thereto, if any, be filed before the next date.

4. Renotify the application on 31.01.2020."

2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that only upon issuance of the notice by the learned Single Judge in the aforesaid application, present Letters Patent Appeal has been preferred, which is not tenable in law. No rights and liabilities of the parties have been decided by the learned Single Judge vide impugned order. Therefore, it is not a judgment within the meaning of Clause 10 of the Letters Patent Act. Hence, Letters Patent Appeal is not tenable in law and the same is hereby dismissed.

CM Appl. Nos. 47985/2019 & 53265/2019

In view of the order passed in Letters Patent Appeal, these applications are disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J.

MARCH 13, 2020 r.bararia