Sunder vs Narender Kumar Naagar & Anr on 7 July, 2022

[Cites 2, Cited by 1]

Delhi High Court - Orders

Sunder vs Narender Kumar Naagar & Anr on 7 July, 2022

Bench: C. Hari Shankar

                          $~59 (Appellate)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CM(M) 628/2022 & CM APPL. 29609/2022, CM APPL.
                                29610/2022

                                SUNDER                                          ..... Petitioner
                                                     Through: Mr. S.C. Sagar, Mr. Naeem
                                                     Ahmed and Mr. Arun Sharma, Advs.

                                                     versus

                                NARENDER KUMAR NAAGAR & ANR. ..... Respondents
                                            Through: Mr. Pritish Sabharwal, Adv. for
                                            R-2/MCD

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                     ORDER

% 07.07.2022 CM APPL. 29610/2022 in CM(M) 628/2022

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 628/2022 & CM APPL. 29609/2022 (stay)

3. This petition, under Article 227 of the Constitution of India, assails an order, dated 14th February 2022, passed by the learned Senior Civil Judge (the learned SCJ), whereby, according to the petitioner, an application for repair and restoration of a staircase in the property forming subject matter of the suit, preferred by the petitioner under Order XXXIX Rule 4 of the Code of Civil Procedure, 1909 (CPC), stands dismissed.

Signature Not Verified Digitally Signed CM(M) 628/2022 Page 1 of 2 By:SUNIL SINGH NEGI Signing Date:12.07.2022 11:10:25

4. Issue notice, returnable on 3rd November 2022.

5. Notice is accepted, on behalf of Respondent 2, by Mr. Pritish Sabharwal.

6. Let notice issue to Respondent 1 by all modes including dasti as well as through learned Counsel who appeared on his behalf before the court below.

7. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the petitioner who may file rejoinder before the next date.

8. The respondents would also, in their reply, set out the exact status of the property of the petitioner with respect to which the application has been filed.

C. HARI SHANKAR, J.

JULY 7, 2022 dsn Signature Not Verified Digitally Signed CM(M) 628/2022 Page 2 of 2 By:SUNIL SINGH NEGI Signing Date:12.07.2022 11:10:25

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Delhi High Court - Orders