Zafar Mohd v. Vaseem Saifi

Delhi High Court · 02 Dec 2022 · 2022:DHC:5383
Tushar Rao Gedela
CM(M) 1329/2022
2022:DHC:5383
civil petition_dismissed Procedural

AI Summary

The Delhi High Court directed the Trial Court to hear and decide consolidated applications under Section 39 CPC by a fixed date without adjournments, disposing of the petition accordingly.

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Translation output
Neutral Citation Number 2022/DHC/005383
CM(M) 1329/2022 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 02.12.2022
CM(M) 1329/2022
ZAFAR MOHD ..... Petitioners
versus
VASEEM SAIFI ..... Respondent For the Petitioners : Mr. Mukesh Kumar, Advocate.
Advocates who appeared in this case:
For the Respondent : Mr. Virendra Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)

1. Exemption is allowed, subject to all just exceptions. CM APPL. 51850/2022 (for exemption)

2. The application stands disposed of.

3. With the consent of the parties, the present petition is taken for final disposal today. CM(M) 1329/2022

4. After arguments have been addressed by both sides, learned counsel appearing for the parties agreed that the application under Section 39 Rules 1 and 2 filed by the respondent, as well as the application filed under Section 39 Rule 4 of the CPC, 1908 by the petitioner, may be taken up for consideration together and orders thereon be passed at the earliest by the learned Trial Court. Neutral Citation Number 2022/DHC/005383 CM(M) 1329/2022 2

5. In view of the above, this Court deems fit to direct the learned Trial Court to take up the aforesaid two applications filed by the parties, on 21.12.2022 and pass orders on or before 03.01.2023.

6. None of the parties will be permitted to take any adjournment on the said date on any ground whatsoever.

7. Consequent upon the hearing, the learned Trial Court is requested to pass orders as early as possible, not later than 03.01.2023.

8. The Trial Court may, if it considers fit, hear any other pending application.

9. In view of the above directions, no other orders are called for.

10. The petition is accordingly disposed of in the above terms.

TUSHAR RAO GEDELA, J DECEMBER 02, 2022