Sh Prakash Chand vs Pawan Kumar - 2023 Supreme(Del) 4192

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4192

TUSHAR RAO GEDELA
Sh Prakash Chand – Appellant
Versus
Pawan Kumar – Respondent

Advocates appeared:
Mr. K.C. Mittal, Advocate with Mr. Yugansh Mital and Mr. Vaibhav Yadav, Advocates, for the Petitioner.
None, for the Respondents.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 27238/2023 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 863/2023 & CM APPL. 27237/2023 (for stay)

3. After hearing Mr. Mittal, learned counsel appearing for the petitioner and perusing the orders of the learned Trial Court from the order dated 24.01.2023 uptil 04.05.2023 it is apparent that the learned Trial Court has, even on early hearing applications, simply issued notice and adjourned the matter for the next date of hearing without considering the urgency as urged in the application under Order XXXIX Rules 1 and 2 of CPC, 1908.

4. Mr. Mittal, learned counsel also submits that the property which was sought to be protected stands demolished as on date by respondent Nos. 2 and 3, which is against the case of the petitioner.

5. Mr. Mittal also submits that substantive amendment to the plaint was also sought by way of an application under Order VI Rule 17 of the CPC, 1908, whereby the challenge to the Will dated 18.05.1982, of the testator propounded by the respondent and which was intriguingly and surprising

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