Jasbir Kaur & Anr. v. Ravinder Singh Alias Ravinder Malik & Ors.

1. Present petition has been filed under Article 226 of the Constitution of India by Jasbir Kaur and one HUF.

2. Learned counsel for the petitioner states that they both had moved an application seeking intervention in appeal registered as Appeal No.598/2024, which is still pending adjudication before learned Presiding Officer, learned Appellate Tribunal MCD (ATMCD).

3. The appellant therein did not get any stay from learned ATMCD and, accordingly, they filed an appeal before the Court of learned Principal District & Sessions Judge (South), Saket Courts, which was registered as MCD Appl No.8/2024.

4. During course of the consideration of the aforesaid appeal, learned Appellate Court stayed the demolition till disposal of said appeal by learned Tribunal.

5. The matter is now fixed for further consideration before learned Appellate Court i.e. the Court of learned Principal District & Sessions Judge (South) on 24.12.2024 and before learned Tribunal on 23.12.2024

6. After hearing arguments for some time, learned counsel for the petitioner states that, without prejudice to his rights and contentions, he would not press the present petition if a request is made to learned Appellate Tribunal to dispose of the above said appeal as expeditiously as possible.

7. Keeping in mind the overall facts and circumstances of the case and the fact that demolition is being sought with respect to fourth and fifth floor of the subject property, the present petition, is disposed of as not pressed with a request to learned Presiding Officer, ATMCD to dispose of the above said appeal i.e. Appeal No.598/2024 as expeditiously as possible and, preferably within a period of six months to be reckoned from 23.12.2024.

8. Needless to say, both the sides shall render their full assistance and cooperation to learned Appellate Tribunal in this regard.

9. The petition stands disposed of accordingly.

JUDGE OCTOBER 21, 2024