Delhi High Court - Orders
Sh. Pehlad Rai vs Smt. Tara Devi (Now Deceased) Through ... on 24 January, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 2/2023 & CM APPL. 381/2023-STAY
SH. PEHLAD RAI ..... Appellant
Through: Adv.
versus
SMT. TARA DEVI (NOW DECEASED) THROUGH HER LEGAL
HEIRS & ORS. ..... Respondents
Through: Mr.S.K. Bhalla, Adv.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 24.01.2023 [ The proceeding has been conducted through Hybrid mode ]
1. After some arguments, learned counsel for the appellant seeks some time to file documents as exhibited before the learned Trial Court on behalf of the appellant, which may have bearing on the present appeal.
2. The appellant is directed to do so within 10 days from today.
3. Mr.Bhalla, learned counsel for respondent appears on advance notice and submits that the present appellant is a chronic litigant and had been filing suits of permanent injunction by the same counsel and have been dismissed on a number of occasions.
4. Mr. Bhalla also submits that for the last 23 years, the respondents have not been able to enjoy the fruits of the judgment passed by the learned Trial Court, and refers to a catena of judgments, which he seeks permission to place on record.
5. Learned counsel for the respondent also submits that the appellant herein has violated the orders passed by the learned Trial Court inasmuch as Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:30.01.2023 13:29:43 he was directed to pay damages to the extent of Rs. 1500/- per month which he has not paid till date. The aforesaid submissions have already been noted in the First Appellate Court.
6. Be that as it may, Mr.Bhalla, may file a concise chart indicating the number of suits/cases filed by the appellant and the result thereof to enable to come to conclusion whether there is any reason for interfering in the present Appeal or not.
6. It is made clear to the appellant that in case, any of the aforesaid submissions are found to be correct, appropriate and prohibitive costs may be imposed upon the appellant.
7. Mr.Bhalla, may also file on record the judgments he is proposing to rely upon under proper index within two weeks from today.
8. The learned counsel for the appellant also disputed the aforesaid submissions and seeks time to file document countering the submissions made by Mr. Bhalla.
9. He may do so within two weeks from today.
10. List for preliminary hearing on 06.03.2023 at 2.30pm.
TUSHAR RAO GEDELA, J.
JANUARY 24, 2023 neelam Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:30.01.2023 13:29:43