The court disposed of a petition seeking to predate the hearing of an interim application for stay of execution under CPC, directing notice to be issued and hearing held before the date possession must be handed over.
Directions to issue notice to defendants and predate hearing of interim application under Order XXXIX Rule 1 & 2 CPC before 28.02.2019.
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PARAMJEET SINGH ..... Petitioner
Through: Mr. Pramod Kumar Ahuja, Advocate.
versus
NEELAM BHUSHAN & ANR ..... Respondents Through
CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA
The petitioner apparently is aggrieved by the impugned order dated 05.02.2019, vide which an application under Order XXXIX Rule 1 & 2 of the CPC filed by the petitioner i.e. the plaintiff to the CS No.15595/16 pending before the learned ADJ-11, Central, Tis Hazari Courts, Delhi was adjourned for reply and arguments on the said application.
Learned counsel for the petitioner submits that the possession of the premises in question is to be handed over by the defendants to the said suit by the date 28.02.2019 and that the said application would become infructuous. The petition is disposed of with the directions to the learned Trial Court to issue notice to the defendants of the said suit qua the application and to prepone the date of hearing prior to the date 28.02.2019 qua the said application under Order XXXIX Rule 1 & 2 of the CPC alone.
Copy of the order be given Dasti under the signatures of the Court Master.
ANU MALHOTRA, J
FEBRUARY 20, 2019/NC
1 issue framed by the court
Whether to predate the hearing of an interim application so it remains pending when possession is to be handed over on 28.02.2019.
1 provisions across 1 enactments
Paramjeet Singh
Neelam Bhushan
Anu Malhotra
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
