Sohan Lal Sharma v. Shiv Mandir & Ors.

1. Exemption allowed subject to all just exceptions. CM APPL. 11252/2023 (Exemption)

2. Application stands disposed of.

3. The petitioner challenges the order dated 28.02.2023 in Civil Suit No. 214/2023 titled “Sohan Lal Sharma Vs. Shiv Mandir And Ors.” whereby the learned Trial Court had issued notice on the suit seeking permanent injunction as also notice was issued on the application under Order XXXIX Rule 1 & 2 CPC, 1908 and listed the matter for consideration on 04.05.2023. CM(M) 376/2023 & CM APPL. 11251/2023 (Stay) CM(M) 376/2023 2

4. Learned counsel submits that the threat of dispossession was issued vide letter dated 21.02.2023 to the petitioner/plaintiff to vacate the suit premises within seven days. Learned counsel submits that immediately thereafter petitioner/plaintiff filed the present suit for injunction and filed along with the same, an application seeking ad interim ex parte injunction from being dispossessed from the suit property.

5. Learned counsel submits that issuance of notice by the learned Trial Court was returnable on 04.05.2023 without passing any ad interim injunction orders which may render the remedy futile and the suit infructuous in case the such application is not taken up for consideration urgently.

6. Issue notice.

7. Notice is accepted by learned counsel appearing on behalf of DDA/respondent No.2.

8. This Court proceeds to dispose of the instant petition in accordance with Delhi High Court Circular No. 69/Rules/DHC dated 05.12.2019, which reads as under:-

9. Since the suit is notice stage, the requirement of issuing notice upon respondent No.1 is dispensed with for the time being and also keeping in view the urgency of the relief sought by the petitioner/plaintiff.

10. Without commenting upon the merits of the matter, this Court is of the opinion that the urgency as expressed by the learned counsel for the petitioner/ plaintiff appears to be a genuine one where the learned Trial Court ought to pass the suitable orders either way after hearing the arguments on behalf of the petitioner/plaintiff.

11. In that view of the matter, in the interest of justice as also to ensure that the suit does not become infructuous and the remedy provided under law does not become a futile exercise, this Court is of the considered opinion that learned Trial Court takes up the matter and disposes of the application under Order XXXIX Rule 1 & 2 CPC 1908, at the earliest by 15.03.2023 or any date soon thereafter, after ensuring that the service is effected upon the respondent No.1. Learned Trial Court is at liberty to direct dasti service upon the respondent No.1 too.

12. In view of above terms, the petition is disposed of with no order as to costs.