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HIGH COURT OF DELHI
Date of Decision: 11th August, 2025
& CM APPL. 46888/2025 DELHI URBAN SHELTER IMPROVEMENT BOARD AND
ANOTHER & ANR. .....Appellant
Through: Mr. Parvinder Chauhan, Senior Advocate
Through: Dr. Kamini Lau, Ms. Suniti Bhatt, Ms. Jyoti Vashisht and Mr. Rudraksh Jain, Advocates
JUDGMENT
1. Appellant-Board is aggrieved by order dated 22.05.2025 whereby, while taking up the suit filed by respondent i.e. plaintiff Mr. Trilok Singh, the learned Trial Court has also granted ex parte ad-interim injunction.
2. The Court has gone through the aforesaid order and also one subsequent order dated 29.05.2025 which records that an application under Order XXXIX Rule 4 r/w Section 151 CPC has already been filed by the Board.
3. Such application is pending adjudication and the next date before the learned Trial Court is stated to be 29th instant.
4. Though, there is no denying the fact that the appeal would be still maintainable but since the above date is not very far off, the present appeal is FAO 212/2025 2 disposed of with request to learned Trial Court to take up aforesaid application on said date and to dispose it of within further two weeks.
5. Needless to say, both the sides shall provide requisite assistance and cooperation to the learned Trial Court to achieve the aforesaid expeditious disposal of the application moved by the appellant under Order XXXIX Rule 4 r/w Section 151 CPC.
6. It is, however, clarified that this Court has not made any observation with respect to the merits of the case.
7. All rights and contentions of the parties are left open.
8. Needless to say, in case the aforesaid application is dismissed, the appellant would be at liberty to revive the present appeal or file appeal afresh.
9. Appeal stands disposed in the aforesaid terms.
10. All pending applications also stand disposed of in aforesaid terms.
JUDGE AUGUST 11, 2025/dr/js