Delhi High Court - Orders
Sh Gian Chand Gupta vs Sh Shashi Kumar Gupta & Anr on 8 December, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1113/2021
SH GIAN CHAND GUPTA ..... Petitioner
Through: Mr. Gaurav Sharma, Advocate.
versus
SH SHASHI KUMAR GUPTA & ANR. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 08.12.2021 CM No. 43762/2021 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CM(M) 1113/2021 & CM No. 43761/2021 (for stay)
3. The present petition under Article 227 of the Constitution of India impugns the order dated 11th November, 2021 passed by the Appellate Authority, Divisional Commissioner under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby the operation of the eviction order passed by the District Magistrate has been stayed till the final disposal of the appeal.
4. It is submitted on behalf of the petitioner that the impugned order wrongly records that the order dated 16th September, 2020 passed by the Division Magistrate was ex parte. He has drawn attention of the Court to various proceeding sheets before the District Magistrate to show that the Signature Not Verified Digitally Signed By:MAMTA ARYA CM(M) 1113/2021 Page 1 of 2 Signing Date:08.12.2021 17:55:11 respondent has been appearing. He has further drawn attention of the Court to the Enquiry Report of the Sub Division Magistrate (SDM), wherein it has been admitted by the respondents that the property in question is in the name of the petitioner.
5. Counsel for the petitioner further states that currently, the petitioner is not residing at the property in question, being House No. RZ-1667-B, Main Dharampura Road, Kamla Park, Najafgarh, New Delhi-110043, but is residing at another property belonging to the petitioner at RZ-31-B, Old Roshan Pura Extn., Main Gurugram Road, Najafgarh, New Delhi-110043.
6. Issue notice. Notice be issued to the respondents through all modes.
7. List on 31st January, 2022.
8. Parties to maintain status quo till the next date of hearing.
AMIT BANSAL, J DECEMBER 8, 2021 Sakshi R. Signature Not Verified Digitally Signed By:MAMTA ARYA CM(M) 1113/2021 Page 2 of 2 Signing Date:08.12.2021 17:55:11