WPMS/2039/2011
2022 Latest Caselaw 131 UK

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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                  IA No. 16948 of 2022
                                  In
                                  WPMS No. 2039 of 2011
                                  Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. Ramji Srivastava, Advocate, for the petitioner.

Mr. Arvind Vashistha, Senior Advocate, assisted by Mrs. Monika Pant, Advocate, for the respondents.

In this Writ Petition, the Coordinate Bench of this Court by an order dated 27th September, 2011, had permitted the petitioner to file an application for adjournment in the proceedings of the Sit No. 6 of 2008, of which, the petitioner is the plaintiff.

The interim order was maintained by the orders of this Court, from time to time by the various orders passed by the different Coordinate Benches of this Court and lastly the interim order was extended until further orders by an order of 10th May, 2012, passed by the Coordinate Bench.

Today, the matter is listed on Interim Order Extension Application, on the ground that the learned Trial Court, is treating that on account of the judgment rendered by the Hon'ble Apex Court, until and unless there is a specific order which is passed by the Court for extension of interim order, it would be treated to have been vacated. Considering the fact that the interim order already stood extended until further orders earlier and no extension as such was required, coupled with the fact that its plaintiff's own proceedings, which has been kept in abeyance.

The Interim Order Extension Application would stand allowed. The interim order of 27th September, 2011, would be treated to be extended and the petitioner would be at liberty to file an appropriate adjournment application, whenever the matter is listed before the Trial Court and the same would be considered by the Trial Court for granting an adjournment.

Put up this Writ Petition in the week commencing 14th February, 2022.

Accordingly, the interim order would remain extended till the next date of listing.

(Sharad Kumar Sharma, J.) Dated 14.01.2022 Shiv