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MANMEET PRITAM SINGH ARORA
Municipal Corporation of Delhi – Appellant
Versus
Sameer Garg – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 43639/2023 (For Exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1375/2023
1. This petition has been filed under 227 pf the Constitution of India seeking a direction to the Additional District Judge - 04 (Central), Tis Hazari Courts, Delhi (`Appellate Court') to expeditiously decide the Regular Civil Appeal (RCA) bearing no. 44/2023 alongwith the pending interim application therein.
2. Learned counsel for the Petitioner states that in this petition, the Petitioner is seeking a limited relief for the disposal of the appeal or atleast the application filed under Order XLI Rule 5 of the Civil Procedure Code, 1908 (`CPC') seeking stay of the order dated 02.03.2023 passed by the Additional Senior Civil Judge, Central District, Tis Hazari Courts, Delhi (`Trial Court') in CS No. 251/2023.
2.1. He states that the Respondent has filed a contempt petition bearing Misc DJ No. 155/2023 under Order XXXIX Rule 2A of the CPC before the Trial Court and the Petitioner despite having approached the Appellate Court has not been heard either on the application seeking interim relief o
The petitioner cannot be left remediless due to the non-decision on the application for stay filed in the appeal.
The main legal point established is that the appropriate remedy for challenging orders passed by the Trial Court in a civil suit is to avail the statutory remedy of appeal under Order 43 Rule (1)(r) ....
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
The need for the Trial Court to decide the application of the Petitioner on its own merits and the imposition of legal costs as a condition for the liberty granted.
Order passed under Rule 13 of Order 9 of CPC rejecting application for an order to set aside a decree passed ex parte, appeal would lie under Order XLIII Rule 1 (d) of CPC.
The court has the authority to grant directions to expedite the process of hearing and disposing of pending applications in accordance with relevant court rules and circulars.
A tribunal cannot vacate an interim order in contempt jurisdiction that was granted in an original application without proper procedure.
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