Full Text
HIGH COURT OF DELHI
JUDGMENT
DEEPAK ..... Petitioner
For the Petitioner: Mr. Azjam Ansari with Mr. Mohammed Mustafa and
Md. Ashfaque Ansari, Advocates.
For the Respondent: None.
Exemptions are allowed subject to all just exceptions. The duly attested copy of affidavits and court fee shall be filed within one week of the resumption of the regular functioning of the Court.
CM(M) 403/2020 & CM APPL.17595/2020 (for grant of status quo)
1. The hearing was conducted through video conferencing.
2. Petitioner has filed this petition contending that an urgent application filed by the petitioner on 30.07.2020 before the Trial Court was not listed for hearing. 2020:DHC:2452 CM(M) 403/2020
3. It is contended that the respondent is raising unauthorised illegal construction on the plot purchased by the petitioner.
4. Petitioner has filed the subject suit for permanent injunction in which summons have been issued returnable for 08.10.2020.
5. Learned counsel for the petitioner submits that subsequently petitioner came to know that the respondent has started raising unauthorised construction with haste. He approached the Trial Court, however, the urgent application filed by the petitioner in the Registry has not yet been listed.
6. Since the Suit of the petitioner is already pending before the Trial Court and the application was filed only on 30.07.2020, this petition is premature, however interest of justice require that the Trial Court should expeditiously take up for consideration the urgent application filed by the petitioner on 30.07.2020.
7. In view of the above, this petition is disposed of directing the Trial Court to expeditiously take up for consideration the application filed by the petitioner on 30.07.2020 and dispose of the same in accordance with law.
8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email.
AUGUST 04, 2020 SANJEEV SACHDEVA, J st