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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Subhash Chandra Tripathi - Petitioner
Versus
Smt Pooja Bhandari & Anr. - Respondents
CM(M) 1311 of 2022 & CM APPL. 51096 of 2022
Decided On : 20-01-2023
Code of Civil Procedure, 1908 - Order 39 Rules 1 and 2 - Ad-interim injunction - Learned counsel appearing for petitioner hands over a copy of order passed by learned Trial Court in compliance of order passed by this Court, whereby learned Trial Court has passed an ad-interim injunction till such time that application under Order 39 Rules 1 and 2 of CPC, 1908, is heard and decided by it on merits – Held, Order passed by learned Trial Court is taken on record - In view of above, no further orders are required from this Court - Petition disposed of.
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. Learned counsel appearing for the petitioner hands over a copy of the order dated 05.12.2022 passed by the learned Trial Court in compliance of the order dated 28.11.2022 passed by this Court, whereby the learned Trial Court has passed an ad-interim injunction till such time that the application under Order 39 Rules 1 and 2 of the CPC, 1908, is heard and decided by it on merits.
2. The order dated 05.12.2022 passed by the learned Trial Court is taken on record.
3. In view of the above, no further orders are required from this Court.
4. The aforesaid petition is disposed of accordingly.
The Court has the discretion to direct the petitioner to file a reply to an application under Order 6 Rule 17 of the CPC, 1908 before the Trial Court.
The court affirmed the right to amend pleadings but ruled that advisory comments by the trial court were unnecessary in procedural determinations.
The importance of complying with judicial directions and the requirement for the Trial Court to first pass orders on the application under Order I Rule 10 of the CPC, 1908 before considering other ap....
Urgent disposal of interim applications under relevant civil procedure rules.
The court may permit the continuation of a case before a different judge despite finding that the application for transfer did not have the requisite grounds for interference, if it is in the interes....
The court has the discretion to allow exemption from filing certified copies of annexures, subject to all just exceptions, and can direct the disposal of urgent matters in accordance with law.
Timely hearing of applications in civil proceedings is essential, with courts expected to adhere to deadlines and avoid unnecessary delays.
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