Salahuddin and Anr v. Nayab Ahmed Shakir and Ors

1. This is an application seeking exemption from filing certified copies of the annexures.

2. Exemption is allowed, subject to all just exceptions.

3. Application stands disposed of.

4. The petitioner challenges the order dated 17.08.2022 passed by learned First Appellate Court (RCT) in RCT No. 68/2022 titled CM(M) 332/2023 & CM APP No.10084/2023 (Stay) Neutral Citation Number 2023/DHC/001626 CM(M) 332/2023 ‘Salahuddin & Anr vs. Nayab Ahmed Shakir & Anr.’.

1. Mr. Ashok Gurnani, learned counsel for petitioner submits that despite having filed the appeal under Section 38 of DRC Act, 1958, the application under Order XXXIX Rules 1 and 2 of CPC, 1908, seeking stay of the decree and execution proceedings, the learned RCT has not passed any interim order.

2. Learned counsel also submits that in the meanwhile, the learned ARC had, vide its order dated 14.07.2022 directed appointment of a Bailiff for the purposes of execution of the decree of possession.

3. Respondent No.1, who appears in person draws attention of this Court to paragraph 2 of order dated 14.07.2022 passed by ARC noting that there was a failure in compliance of order under Section 15(1) of Delhi Rent Control Act, and the arrears of rent were not deposited on time. On that basis, learned ARC had directed that the Bailiff be appointed for the purposes of executing the decree.

4. The First Appellate Court (RCT) is requested to take up the appeal filed by the petitioner herein in all earnest and possibly by 03.03.2023 and dispose of the same in accordance with law and as expeditiously as possible, however, not later than 15.04.2023.

5. Aforesaid timelines have to be strictly adhered to. Any infraction of the timeline so stated above shall disentitle the petitioner from any relief granted under the present order.

6. With the aforesaid directions, the petition stands disposed of. The pending application also stands disposed of.

TUSHAR RAO GEDELA, J MARCH 1, 2023