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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Rahul Nath – Appellant
Versus
Ansal Villa Residents Association Through Its Secretary & Ors. – Respondents
CM(M) 424 of 2023
Decided On : 16-03-2023
Exemption - Petition Challenging Order - Urgent Disposal of Interim Application
Fact of the Case:
The petitioner challenges the order passed in a specific case, claiming that no order was passed on their application seeking ad interim injunction despite the trial court issuing notice on the suit and the application.
Finding of the Court:
The court directed the trial court to urgently dispose of the interim application filed by the petitioner, emphasizing the urgency and instructing that no adjournment shall be sought by the parties.
Issues: Urgent disposal of interim application under Order XXXIX Rule 1 & 2 CPC, 1908
Ratio Decidendi: The court's decision was influenced by the urgency as stated by the petitioner's counsel, and the provisions of Order XXXIX Rule 1 & 2 CPC, 1908, which govern the grant of temporary injunctions.
Final Decision: The present petition was disposed of with no order as to costs.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 12641/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 424/2023
3. The petitioner challenges the order dated 24.01.2023 passed in CS SCJ No.1160/2022 titled "Rahul Nath Vs. Ansal Villa Resident Welfare Association And Ors.".
4. The grievance of the petitioner is that though the learned Trial Court had issued notice on the suit as well as on the application seeking ad interim injunction, however, no order on such application was passed.
5. It is informed by learned counsel appearing for the respondents on advance notice, that reply to the said interim stay application has already been filed.
6. Copy of the same be supplied to learned counsel appearing for the petitioner during the course of the day.
7. It is urged by both the counsels that the said application be taken up urgently and disposed of in accordance with law by the learned Trial Court.
8. In view of the aforesaid submissions and keeping in view the urgency as stated by the learned counsel appearing for the petitioner, it is deemed appropriate to request the learned Trial Court to take up the interim application under Order XXXIX Rule 1 & 2 CPC, 1908 filed by the petitioner with the suit on 22.03.2023 and dispose of the same on the same day or soon thereafter after giving opportunity to the other side to argue. Parties shall not seek adjournment on 22.03.2023.
9. With the aforesaid observations, the present petition is disposed of with no order as to costs.
Urgent disposal of interim applications under relevant civil procedure rules.
Urgency of relief sought and the court's direction to dispose of the application under Order XXXIX Rule 1 & 2 CPC 1908 at the earliest.
The need for the Executing Court to consider objections filed under Order XXI Rule 99 of the CPC, 1908 before proceeding with execution proceedings.
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 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.
Timely hearing of applications in civil proceedings is essential, with courts expected to adhere to deadlines and avoid unnecessary delays.
Urgent decision by lower court without adjournment.
The urgency in the application due to illegal construction influenced the court's decision to direct the Trial Court to take up the application at the earliest and dispose of it expeditiously.
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