Full Text
HIGH COURT OF DELHI
Date of Decision: 07th July, 2025
ADITYA DAVE AND ORS .....Petitioner
Through: Mr. Saurabh Prakash, Mr. Utsav Jain and Mr. Anant Aditya Patro, Advocates.
AND ORS. .....Respondent
Through: Mr. Lakshay Dhamija and Mr. Sunav Rastogi, Advocates for R-1.
Mr. Tushar Sannu, Standing Counsel for MCD along
JUDGMENT
1. The petitioner is defending a suit which seeks declaration, permanent and mandatory injunction.
2. There was an interim order which had also been passed in the abovesaid suit.
3. The grievance of the defendants is, merely, limited to the effect that the plaintiffs have moved an application under Order VI Rule 16 CPC seeking striking off of certain averments made by defendant in the written statement and though such application is yet to be decided, the decision of injunction application has yet not been taken which is causing lot of concern to the CM(M) 1164/2025 2 defendant as, there is already interim orders against them.
4. Learned counsel for respondent appears on advance notice and submits that he would have no objection if, while considering the application moved by them under Order VI Rule 16 CPC, the learned Trial Court also considers the injunction application on the next date of hearing.
5. The next date before the learned Trial Court is stated to be 11.09.2025.
6. Keeping in mind the facts presented on record, and with the consent of both the sides, the present petition is disposed of with request to the learned Trial Court to consider and dispose of the applications moved under Order VI Rule 16 CPC, as well as the aspect related to injunction within a period of eight weeks from the date it takes up the matter.
7. The present petition is disposed of in aforesaid terms.
8. Pending applications, if any, stand disposed of.
JUDGE JULY 7, 2025/ss/pb