Full Text
HIGH COURT OF DELHI
Date of Decision: 23rd May, 2023
DELHI CATHOLIC ARCHDIOCESE ..... Petitioner
Through: Mr. Vipul P. Sanghi, Advocate.
Through: Mr. Nitin Kumar, Panel counsel (Civil) for respondent no. 1.
(M): 9560609686 Email: kumarnitin3@gmail.com
MINI PUSHKARNA, J. (ORAL):
JUDGMENT
1. Allowed, subject to just exceptions.
2. Application is disposed of. W.P.(C) 7045/2023 & CM APPL. 27410/2023 (Application under Section 151 CPC for requisitioning the records of Case bearing no. 259/2019 and bearing Id No. 22062 pending before the Court of Learned Deputy Commissioner/District Magistrate, South East District, GNCTD tiled as Delhi Catholic Archdiocese VS Sudershan Kant Soni)
3. The present writ petition has been filed with prayer for direction to respondent no. 1 to comply with the directions of the learned Deputy Commissioner/District Magistrate, District South East, GNCTD in case bearing no. 259/2019 and bearing ID No. 22062, titled as Delhi Catholic Archdiocese vs. Sudershan Kant Soni.
4. It is submitted that the learned Deputy Commissioner, South East district, before whom the appeal of the petitioner herein is pending, has already directed the respondent to produce the proceedings of the Court of Learned SDM/RA, Kalkaji in case bearing no. RA/SDM/KJ/REV/20141573.
5. It is submitted that despite the aforesaid directions by the learned Deputy Commissioner, the respondents herein have not produced the requisite records before the learned Deputy Commissioner.
6. Issue notice.
7. Notice is accepted by learned counsel appearing for respondent no. 1.
8. Learned counsel appearing for respondent no. 1 submits that he shall comply with the directions as already passed by learned Deputy Commissioner and produce the requisite records before the learned Deputy Commissioner on the next date of hearing.
9. In view of the aforesaid, the statement made on behalf of respondent no. 1 is taken on record. The learned counsel is made bound by the said statement.
10. It is directed that the requisite records of the learned SDM/RA, as aforesaid, shall be produced by the respondent before the learned Deputy Commissioner/ District Magistrate, District South East, GNCTD on the next date of hearing, when the appeal is listed before the said authority.
11. With the aforesaid directions, the present writ petition is disposed of. MINI PUSHKARNA, J MAY 23, 2023 c