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Delhi High Court - Orders

South Delhi Municipal Corporation vs Ajay Kumar & Ors on 24 April, 2023

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

                                $~15
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    FAO 243/2017 and CM APPL. 20220/2017 (stay)
                                     SOUTH DELHI MUNICIPAL CORPORATION ..... Appellant
                                                     Through: Mr. Rajan Tyagi, Standing Counsel for
                                                     MCD

                                                            versus

                                         AJAY KUMAR & ORS.                        ..... Respondents
                                                      Through: Mr. PDP Deo, Advocate

                                         CORAM:
                                         HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                                      ORDER

% 24.04.2023

1. By way of the present appeal filed under Section 10 read with Order XLIII Rule 1(u) CPC, the appellant has assailed the order dated 20.12.2016 passed by the trial Court whereby the application under Order 39 Rules 1 and 2 CPC was allowed.

2. Learned counsel for the respondents submits that the trial has reached at the final stage and is now listed for final arguments on 15.05.2023.

3. Considering that the view taken in the impugned order is only prima facie and the case is now listed for final arguments, the present appeal is disposed of alongwith the pending application with a request to the trial court that the proceedings be concluded expeditiously without being influenced in any manner by the prima facie view taken in the impugned order.

MANOJ KUMAR OHRI, J APRIL 24, 2023 na Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:26.04.2023 12:57:08