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IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA, J.
Salahuddin And Anr – Appellant
Versus
Nayab Ahmed Shakir And Ors - Respondents
CM(M) 332 of 2023
Decided on : 01-03-2023
Exemption - Filing of Certified Copies - The court allowed exemption from filing certified copies of annexures.
Fact of the Case:
The petitioner challenged an order seeking stay of a decree and execution proceedings. The petitioner argued that despite filing an appeal and seeking stay, no interim order was passed by the court. The respondent pointed out a failure in compliance with the Delhi Rent Control Act, leading to the appointment of a Bailiff for executing the decree.
Finding of the Court:
The court directed the First Appellate Court to take up the appeal and dispose of it expeditiously, setting strict timelines for the same.
Issues: Failure to pass interim order, compliance with Delhi Rent Control Act, appointment of Bailiff for execution of decree.
Ratio Decidendi: The court emphasized the need for expeditious disposal of the appeal and strict adherence to timelines, linking any relief granted to the petitioner with compliance with the stated timelines.
Final Decision: The court disposed of the petition and directed the First Appellate Court to adhere strictly to the timelines for disposal of the appeal.
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
CM APP No. 10085/2023 (for exemption)
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(M) 332/2023 & CM APP No.10084/2023 (Stay)
4. The petitioner challenges the order dated 17.08.2022 passed by learned First Appellate Court (RCT) in RCT No. 68/2022 titled CM(M) 332/2023 & CM APP No.10084/2023 (Stay) ‘Salahuddin & Anr vs. Nayab Ahmed Shakir & Anr.’.
1. Mr. Ashok Gurnani, learned counsel for petitioner submits that despite having filed the appeal under Section 38 of DRC Act, 1958, the application under Order XXXIX Rules 1 and 2 of CPC, 1908, seeking stay of the decree and execution proceedings, the learned RCT has not passed any interim order.
2. Learned counsel also submits that in the meanwhile, the learned ARC had, vide its order dated 14.07.2022 directed appointment of a Bailiff for the purposes of execution of the decree of possession.
3. Respondent No.1, who appears in person draws attention of this Court to paragraph 2 of order dated 14.07.2022 passed by ARC noting that there was a failure in compliance of order under Section 15(1) of Delhi Rent Control Act, and the arrears of rent were not deposited on time. On that basis, learned ARC had directed that the Bailiff be appointed for the purposes of executing the decree.
4. The First Appellate Court (RCT) is requested to take up the appeal filed by the petitioner herein in all earnest and possibly by 03.03.2023 and dispose of the same in accordance with law and as expeditiously as possible, however, not later than 15.04.2023.
5. Aforesaid timelines have to be strictly adhered to. Any infraction of the timeline so stated above shall disentitle the petitioner from any relief granted under the present order.
6. With the aforesaid directions, the petition stands disposed of. The pending application also stands disposed of.
Emphasis on expeditious disposal of appeals and strict adherence to timelines for granting relief.
Emphasis on strict adherence to timelines for disposal of appeals
A litigant's right to file and maintain an application is fundamental and should not be curtailed without proper legal basis.
The refusal of stay based on the conduct of the judgment-debtor and the principles of res judicata, as well as the emphasis on expeditious disposal of execution proceedings, were the central legal po....
The court's decision was guided by the interests of justice and the need to address delays in the adjudication process.
The court emphasized the importance of affording an opportunity to challenge a judgment before execution proceeds, ensuring justice is served under the relevant Rent Control Act.
The executing court is bound to consider the findings of a Court-appointed Local Commissioner while carrying out execution proceedings to ensure the integrity and specific scope of the order being en....
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