On early hearing, the High Court directed the District Magistrate Tribunal to dispose of pending proceedings expeditiously within three months, granting time for the petitioner, a senior citizen with cancer, rather than deciding the merits.
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.
$~32
Through: Mr. Dhananjai Jain, Advocate (through V.C.)
SH SANJEEV AGARWAL .....Respondent Through: Mr.K.S. Ghose with Mr. Imran Khan, Mr. Shakul R. Ghatole and Mr. Vicky Sharma, Advocates for respondent No.1
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
CM(M) 2707/2024 & CM APPL. 36460/2024 (for early hearing)
Signature Not Verified
CM(M) 2707/2024
1
Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.07.2024 10:17:16
Magistrate, West whereby the Appellate Tribunal observed as under:-
“The counsel of the Respondent No.1 submits that the daughter of the respondent no.2 is taken care of her and presently she is residing with her daughter at Noida. The counsel of the respondent has no objection on grant of status quo and seeks time to file reply.
Order:-
Accordingly, the prayer of the appellant is allowed and directed all the parties to maintain „status quo‟ till the final outcome of the present appeal. The present appeal/case is adjourned for 30.08.2024 for further proceedings.”
Signature Not Verified
CM(M) 2707/2024
2
Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.07.2024 10:17:16
(MANOJ JAIN) JUDGE
JULY 03, 2024 st
Signature Not Verified
CM(M) 2707/2024 Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.07.2024 10:17:16
3
3 issues framed by the court
Whether to grant directions to the Appellate Tribunal to expeditiously dispose of pending proceedings in light of the petitioner’s age and health.
Whether to maintain status quo in the underlying family dispute while expediting the appeal.
Whether to direct the Tribunal to assign a time-bound timeline for the disposal of Case ID 37189.
Nirmal Bindal
Sanjeev Agarwal
Manoj Jain
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
