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HIGH COURT OF DELHI
JUDGMENT
SUBHAJIT DUTTA ..... Appellant
Through: Petitioner-in-person
SAKET COURTS COMPLEX AND ORS ..... Respondents
Through: Ms. Avnish Ahlawat, Standing Counsel for GNCTD with Mr. Nitesh Kumar Singh, Ms. Aliza Alam, Advocates for R-1 to R-3
Mr. Anurag Ahluwalia, CGSC with Mr.Kaushal Jeet Kait, Govt. Pleader, Mr.Jatin Yadav, Ms. Shweta Kumar, Advocates for R-4 to R-7
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
1. The Present LPA arises out an order dated 16.01.2023 passed by the Learned Single Judge in W.P.(C.) No. 17187/2022 titled Subhajit Dutta Vs. Principal District and Sessions Judge, South Delhi & Ors. Digitaaly
2. The facts of the case reveal that the Appellant who appears in person is a Defendant in a Civil Suit filed by one Ms. Ishita Sharma which is pending before the Senior Civil Judge Cum Rent Controller. The Suit is pending before the Trial Court for eviction of the Appellant.
3. The Appellant filed an Application under Section 151 of the Code of Civil Procedure, 1908 (CPC) for dismissal of the Suit.
4. The Trial Court dismissed the Petition under Section 151 of the CPC, and it was certainly not an Application preferred under Order VII Rule 11 of the CPC.
5. The Appellant being aggrieved by the order passed by Senior Civil Judge, Cum Rent Controller dated 30.08.2022 has preferred a Writ Petition before this Court, and the same was numbered as W.P.(C.) No. 17187/2022.
6. The writ petition is still pending before the Learned Single Judge. The Appellant claims to be working in a constitutional position. The learned Single Judge has directed the Appellant to submit his Aadhar Card and ID Card which reflects an address of West Bengal. The Court was also of the opinion that the Appellant required some help, and directed the concerned Station House Officer (SHO) to submit a status report in respect of family members of the Appellant. The Petitioner has rushed to this Court by filing the present LPA.
7. The Learned Single Judge in the impugned order in Paragraphs 5 to 11 has held as under: Digitaaly
8. Since the writ petition is still pending before the learned Single Judge, the learned Single Judge has listed the matter on 07.02.2023 i.e. today only, and the LPA is also listed today.
9. As no order has been passed by the Learned Single Judge on merits and, in fact, the Learned Single Judge has made a genuine attempt to help the Appellant herein after interacting with the Appellant, this Court does not find any reason to interfere with the order passed by the Learned Single Judge.
10. The Appellant shall certainly be free to raise all possible grounds before the Learned Single Judge in the main Writ Petition, and the Learned Single Judge shall certainly be free to proceed in accordance with law.
11. At this stage, this Court does not find any reason to interfere with the order passed by the Learned Single Judge as no lis has been decided at all.
12. This Court after careful consideration of the aforesaid order is of the opinion that the Learned Single Judge has made a genuine attempt to help the Appellant and, at the same time the Learned Single Judge has also issued notice to the Respondent No.9, who has filed eviction proceedings against the Appellant, and the matter is still pending before the Learned Single Judge. Digitaaly
13. This Court in the peculiar facts and circumstances of the case does not find any reason to interfere with the order passed by the Learned Single Judge.
14. The Admission of the Appeal is declined. However, it is made clear that this Court has not observed anything on merits. All the issues and grounds raised by the Appellant are left open for consideration in accordance with law. (SATISH CHANDRA SHARMA)
CHIEF JUSTICE
JUDGE MARCH 13, 2023 aks Digitaaly