Full Text
HIGH COURT OF DELHI
Date of Decision: 31st July, 2025
SHIZAUDDIN .....Petitioner
Through: Mr. Ankit Rana, Adv. (through VC).
NADEEM & ORS. .....Respondent
Through: Mr. Ajay Kumar Bhatnagar, Adv. for R-2 & R-3.
JUDGMENT
1. Petitioner herein is defendant No.1 before learned Trial Court and is aggrieved by order dated 05.03.2025.
2. The abovesaid order was passed by learned Trial Court while taking up one application moved under Section 151 CPC. The abovesaid application had been filed by plaintiff and, as an interim arrangement, learned Trial Court observed as under: “Therefore, till the final disposal of this application and other application of the plaintiff, the defendant no. 2 & 3 are directed to not to renew the licence of the shop in question after expiration. If there is any loss to the exchequer in the form of licence fee, the same be paid by the plaintiff.”
3. Such order is under challenge. CM(M) 646/2025 2
4. It is, however, apprised that the next date before learned Trial Court is 04.08.2025 and on such next date, learned Trial Court would be considering the abovesaid application moved under Section 151 CPC.
5. Therefore, it will not be appropriate for this Court to interfere with the matter at this stage and while reserving all rights and contentions of parties, the present petition is disposed of with direction to learned Trial Court to expedite disposal of the abovesaid application moved under Section 151 CPC by plaintiff, as expeditiously as possible, and, preferably, within a period of four weeks from the date it takes up the matter.
6. Needless to say, both parties shall render due assistance and cooperation to learned Trial Court and shall advance arguments, so that, learned Trial Court can achieve expeditious disposal of abovesaid application.
7. Pending applications, if any, also stand disposed of in aforesaid terms.
8. It is clarified that this Court has not made any observations touching the merits of said application moved under Section 151 CPC.
JUDGE JULY 31, 2025/ck/SS