Delhi High Court
Sh Jagdish Singh vs Sh Udayvir Singh And Ors on 9 May, 2023
Neutral Citation Number 2023:DHC:3328
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.05.2023.
+ CM(M) 753/2023
SH JAGDISH SINGH ..... Petitioner
versus
SH UDAYVIR SINGH AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Swastik Singh and Mr. Atul Singh,
Advocates.
For the Respondent : Ms. Khushboo Nahar, Panel Counsel for
MCD for MCD/ R-3.
Ms. Manika Tripathy, Standing Counsel
for DDA with Mr. Manish Vashist and
Mr. Rishabh, Advocates for DDA/ R-4.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 23730/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 753/2023 & CM APPL. 23731/2023 (for stay)
3. Petitioner challenges the order dated 29.04.2023 in CS No.
1111/22 titled as "Jagdish Singh vs. Udayvir Singh & Ors." whereby the
learned Trial Court on an application seeking early hearing of the
Signature Not Verified
Digitally Signed
Signing Date:13.05.2023
14:57:13
Neutral Citation Number 2023:DHC:3328
application under Order XXXIX Rules 1 and 2 had instead of taking up
the said application, has preponed the date to 23.05.2023.
4. Learned counsel appearing for the petitioner submits that the
urgency in the application was that the petitioner had made a specific
assertion that illegal construction is being carried out by the defendant
Nos. 1 and 2 despite the status report of MCD stating that the
construction was not in accordance with law.
5. Learned counsel submits that in case such construction is allowed
to be continued and completed, the entire reason for having filed the
application under Order XXXIX Rules 1 and 2 would be defeated.
6. Learned counsel submits that though the learned Trial Court had
been kind enough to prepone the date of hearing to 23.05.2023,
however, the same would not sub-serve the purpose of having filed such
an application.
7. Learned counsel requests that the learned Trial Court be directed
to take up the application at the earliest and dispose it of expeditiously.
8. Issue notice. Notice is accepted by Ms. Khushboo Nahar, learned
Panel Counsel for respondent No.3/ MCD and Mr. Manish Vashist,
learned counsel appearing for respondent No.4/ DDA.
9. Ms. Khushboo Nahar, learned Panel Counsel appearing for
respondent No.3/ MCD submits that the status report as filed before the
learned Trial Court indeed states that there are some renovations etc.
being carried out and she further submits that a work stop notice dated
21.04.2023 has also been issued, despite which the construction activity
is being carried out. Though Ms. Nahar submits that the same is to be
correctly verified during trial.
Signature Not Verified
Digitally Signed
Signing Date:13.05.2023
14:57:13
Neutral Citation Number 2023:DHC:3328
10. Be that as it may.
11. Learned counsel for the petitioner submits that the respondent
Nos. 1 and 2 have already been served in advance, as per the Practice
Directions/ Notification No.69/Rules/DHC/2019 dated 05.12.2019 of
this Court.
12. In view of the aforesaid, since this Court is only directing the
learned Trial Court to take up the matter at the earliest, no response on
that account may be called for from the respondent Nos. 1 and 2.
13. In view of the same, the learned Trial Court is requested to take
up the application under Order XXXIX Rules 1 and 2 of the CPC, 1908
filed on behalf of petitioner/plaintiff on 12.05.2023 in case, it is
convenient or soon thereafter after putting all the parties to notice,
specially respondent Nos. 1 and 2.
14. With the aforesaid direction, the present petition along with
pending application is disposed of.
15. Order Dasti under the signatures of the Court Master.
TUSHAR RAO GEDELA, J .
MAY 9, 2023/nd
Signature Not Verified
Digitally Signed
Signing Date:13.05.2023
14:57:13
