Back
TUSHAR RAO GEDELA
Sh Jagdish Singh – Appellant
Versus
Sh Udayvir Singh – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 23730/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 753/2023 & CM APPL. 23731/2023 (for stay)
3. Petitioner challenges the order dated 29.04.2023 in CS No. 1111/22 titled as "Jagdish Singh vs. Udayvir Singh & Ors." whereby the learned Trial Court on an application seeking early hearing of the application under Order XXXIX Rules 1 and 2 had instead of taking up the said application, has preponed the date to 23.05.2023.
4. Learned counsel appearing for the petitioner submits that the urgency in the application was that the petitioner had made a specific assertion that illegal construction is being carried out by the defendant Nos. 1 and 2 despite the status report of MCD stating that the construction was not in accordance with law.
5. Learned counsel submits that in case such construction is allowed to be continued and completed, the entire reason for having filed the application under Order XXXIX Rules 1 and 2 would be defeated.
6. Learned counsel submits that though the learned Trial Court had been kind en
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.
Urgent disposal of interim applications under relevant civil procedure rules.
The requirement for a personal hearing and issuance of a speaking order before enforcement of a work stop notice ensures fair hearing rights are upheld in municipal proceedings.
The court emphasized the importance of final adjudication of issues and the direction to expedite the hearing of the suit without insisting on the status report to be filed before the Trial Court.
The court upholds the trial court's jurisdiction in evaluating easementary rights while confirming prior orders denying additional document submission and claims of unauthorized construction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
