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Delhi High Court - Orders

Sir Sobha Singh Public Charitable Trust ... vs S. Shivinder Singh Through Smt. Suman ... on 4 January, 2023

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                          $~72
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 1/2023
                                 SIR SOBHA SINGH PUBLIC CHARITABLE TRUST (REGD.)
                                                                              ..... Petitioner
                                               Through: Mr.Avi Singh, Mr.Anand Singh,
                                                        Mr.Shiven Varma, Ms.Monika and
                                                        Mr.Ananya Kanojia, Advs.
                                               versus

                                 S. SHIVINDER SINGH THROUGH SMT. SUMAN SINGH & ORS.
                                                                       ..... Respondents
                                                Through: None
                                 CORAM:
                                 HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                    ORDER

% 04.01.2023 [ The proceeding has been conducted through Hybrid mode ] CM No. 14/2023 (exemption)

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

CM APPL. 13/2023 (seeking Interim Relief )

3. Learned counsel appearing on behalf of the petitioner submits that he does not wish to press the present application.

4. Application stands dismissed, as not pressed. CM(M) 1/2023

5. Mr. Singh, Advocate appears on behalf of the petitioner submits that the learned Trial Court had heard the arguments on application under Order 15A of Code of Civil Procedure, 1908 couple of times and also taken the Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:07.01.2023 15:58:54 written submissions of both the parties on record and however, has not passed effective orders till date from 19.10.2022.

6. Learned counsel submits that the suit where under the present petition arises has been pending for almost last 16 years and without any payment being made for use and occupation of the subject suit premises.

7. In view of the aforesaid submissions, the learned Trial Court is requested to pass orders on application under Order 15A of Code of Civil Procedure, 1908 pending before it on or by 23.01.2023, the date already fixed before it or soon thereafter.

8. Since the petition is being disposed of on preliminary issue, the requirement of issue notice to the respondent is not felt necessary.

9. With the aforesaid observations, the petition stands disposed of.

TUSHAR RAO GEDELA, J.

JANUARY 4, 2023 neelam Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:07.01.2023 15:58:54