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TUSHAR RAO GEDELA
Vijay Singh – Appellant
Versus
Tamanna Anand – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
CM APP No. 13688/2023
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
CM APP No. 13687/2023
4. This application is dismissed as rendered infructuous.
CM(M) 460/2023 & CM APP No. 13689/2023 (Stay)
5. The petitioner challenges the order dated 20.01.2023 passed in CS DJ ADJ No. 1035/2022 titled ‘Vijay Singh vs. Tamanna Anand & Ors.’, whereby the learned Trial Court had dismissed the application under Order V Rule 20 of Code of Civil Procedure, 1908 (in short “CPC”) filed on behalf of the petitioner/plaintiff as also for not having disposed of the application under Order XXXIX Rules 1 and 2 of CPC seeking certain urgent directions.
6. Learned counsel appearing for the petitioner submits that so far as the challenge to the dismissal of application under Order V Rule 20 CPC is concerned, she submits under instructions, that the said challenge is withdrawn with liberty to take the appropriate steps in accordance with law before the learned Trial Court.
7. So far as the challenge t
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.
The court has the authority to direct the learned Trial Court to expedite the proceedings and dispose of pending applications within specified timelines.
Court emphasized liberal construction of applications under Order 9 Rule 7 CPC to favor merits over procedural technicalities, ensuring parties can contest their cases substantively.
The central legal point established in the judgment is the distinction between the provisions of Order XII Rule 6 CPC and Order VII Rule 11 CPC, and the applicability of each provision in different s....
Timely hearing of applications in civil proceedings is essential, with courts expected to adhere to deadlines and avoid unnecessary delays.
The court emphasized the importance of adhering to procedural timelines and the rights conferred upon the parties under the Commercial Courts Act, 2015 and the Civil Procedure Code.
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....
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.
Urgent disposal of interim applications under relevant civil procedure rules.
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