Delhi High Court - Orders
Diocese Of Delhi-Cni vs Mr. Deepak Martin Caleb on 5 May, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P. 46/2022, CM APPL. 16754/2022-Stay
DIOCESE OF DELHI-CNI ..... Petitioner
Through: Mr. Romy Chacko, Mr. Varun, Mr.
Sudesh Kumar, Advs.
versus
MR. DEEPAK MARTIN CALEB ..... Respondent
Through: Mr. Haresh Raichura, Mr. Rajat Vats,
Mr. Kalp Raichura, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 05.05.2022 Notice. Since the sole respondent is duly represented by learned counsel, let a counter affidavit be filed within the period of eight weeks.
Prima facie and for the purposes of considering the prayer for interim directions the Court takes note of the contention of learned counsel who submits that after the death of the original plaintiff, no right to sue could possibly be claimed by the respondent who was the son and had never been allotted the premises in question. It is pointed out that the original plaintiff occupied the premises by virtue of being the priest designated as such by the Diocese. The Court also prima facie finds itself unable to countenance any right that the respondent could have claimed to seek the reliefs as sought in the suit and thus permitted to continue the same. Matter requires consideration.
Till the next date of listing, there shall be stay of further proceedings of Suit No. 1005/201 pending before Civil Judge-01, Saket Courts New Signature Not Verified Digitally Signed By:NEHA Signing Date:05.05.2022 18:35:10 Delhi.
List again on 22.09.2022.
YASHWANT VARMA, J.
MAY 5, 2022/neha Signature Not Verified Digitally Signed By:NEHA Signing Date:05.05.2022 18:35:10