Petitioner challenged demolition of properties involved in pending cross suits with existing injunctions. Court dismissed writ as abuse of process. CM applications declared infructuous. Parties directed to approach trial court.
Writ petition dismissed; CM applications disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR ..... Respondents Through :Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for respondent no. 1 Mr. K. Sunil, Adv. for the applicant Shri Sita Ram Sharma in CM Appl. nos. 9583/2016 (Sec. 151 CPC) & 9584/2016 (exemption)
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R % 16.03.2016
WP (C) No.1270 /2016
By this writ petition under Article 226 of the Constitution of India, petitioner has prayed that respondents be directed to demolish the property bearing nos. T-1936/B-1 & T-1936A, Ashoka Pahari, Near Naaz Cinema, Upper Ridge Road, Karol Bagh, New Delhi – 110005. After hearing the parties, in my view, this writ petition is a gross abuse of process of law. It emerges that subject properties are involved in the cross suits bearing nos.
CS(OS) No. 25/2012 and CS(OS) No. 2951/2012 filed by the petitioner and one Shri Sita Ram Sharma. DDA and respondent no. 1 are parties in the said suits. CS(OS) No. 25/2012 has been filed by the petitioner; whereas CS(OS) No. 2951/2012 has been filed by Shri Sita Ram Sharma. Subject properties, that is, T-1936/B-1 & T-1936A, Ashoka Pahari, Near Naaz Cinema, Upper Ridge Road, Karol Bagh, New Delhi – 110005 are the bone of contentions in the said suits. It may be noted that injunction orders have already been passed in the suits against the demolition of the subject properties. The said suits have now been transferred to the District Judge (Central) and are pending before the Additional District Judge – 01 (Central), Tis Hazari Courts, Delhi. Accordingly, this writ petition, for demolition of the subject properties, cannot be entertained and is dismissed. However, it would be open for the parties to file appropriate applications in the said suits.
CM Appl. No.9583 /2016 (Section 151 CPC) & 9584/2016 (exemption)
Both the applications are disposed of as infructuous.
A.K. PATHAK, J.
MARCH 16, 2016 rb
2 issues framed by the court
Whether a writ petition for demolition of properties involved in pending cross suits can be entertained when injunctions exist.
Whether section 151 CPC and exemption applications filed under CM applications remain viable given the existence of related litigation.
1 provisions across 1 enactments
R.D. Malik
North Delhi Municipal Corporation
Shri Sita Ram Sharma
A.K. Pathak
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
