Disposed

Mrs Manu Bhagat @ Purnima Bhagat and Anr. v. Sh. Ashok Kumar Madan and Others

Delhi HC8 Jul 2024FAO(OS)/93/2024

Case brief

AI extract

What is this about?

Appeal challenging non-speaking interim orders dated 10 May 2024 and 17 May 2024 passed by the Single Judge in CS(OS) No.382/2024 regarding an application filed under Order 39 Rule 1 and 2 CPC seeking ex-parte ad interim injunction against respondents-defendants in respect of a suit property at New Rohtak Road, Karol Bagh, New Delhi. The appellants sought fixing of a date of hearing for I.A.No.10723/2024 immediately after replies were filed. The Court directed appellants to file replication and rejoinder affidavits before the next hearing and directed the Joint Registrar to list the matter immediately before the Court for hearing and disposal of I.A.No.10723/2024. Appeal disposed with those directions.

What the court decided

Mrs Manu Bhagat @ Purnima Bhagat and Anr. Vs Sh. Ashok… — Property and Title | Delhi HC (2024)

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO(OS) 93/2024 & C.M.Nos.37438-37439/2024

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MRS MANU BHAGAT @ PURNIMA BHAGAT AND ANR

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.....Appellants Through: Mr.Nitin Dayal with Mr.Manish Aggarwal, Advocates.

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versus

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SH. ASHOK KUMAR MADAN AND OTHERS .....Respondents Through: Mr.Harish Malhotra, Sr.Advocate with Mr.RajenderAgarwal and Mr.Anoop Kumar, Advocate for R-1. Mr.J.P.Singh, Sr.Advocate with Mr.Ms.Pruti Gupta and Ms.Henna George, Advocates for R-2 to 5. Ms.Seema Singh, Advocate for R-6 to 9. Ms.Manika Tripathy with Mr.Naresh K.Saraswat andMr.Rony John, Advocates for DDA.

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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O R D E R % 08.07.2024

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Present appeal has been filed challenging the impugned orders dated 10^th May, 2024 and 17^th May, 2024 passed by the learned Single Judge in CS(OS) No.382/2024. The appellants pray for fixing a date of hearing in respect of the appellants-plaintiffs’ application bearing I.A. No.10723/2024 filed under Order 39 Rule 1 and 2 of CPC, 1908 seeking ex-parte ad interim injunction against the respondents-defendants in respect of the suit property

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 12:31:56

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i.e. plot bearing no. 29, Block No.60 at New Rohtak Road, Karol Bagh, New Delhi-110005 measuring 351.86 sq. yds, till the final disposal of the suit.

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Learned counsel for the appellants states that the impugned orders are non-speaking and have been passed without application of judicial mind, thus rendering them illegal. He states that this Court should fix a date of hearing of the application filed by the appellants-plaintiffs immediately as soon as replies to the application are filed by the parties.

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Learned senior counsel for respondent no.1 states that he has filed the written statement as well as the reply to I.A.No.10723/2024. Learned senior counsel for respondent nos.2 to 5 states that he has filed the written statement, which should be read as a reply to I.A.No.10723/2024 also.

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Keeping in view the aforesaid, this Court directs the appellantsplaintiffs to file the replication as well as rejoinder affidavits before the next date of hearing. The Joint Registrar is directed to list the matter before the Court immediately for hearing and disposal of I.A.No.10723/2024.

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With the aforesaid directions, present appeal along with the applications stand disposed of.

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ACTING CHIEF JUSTICE

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TUSHAR RAO GEDELA, J

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JULY 8, 2024 KA

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 12:31:56

Mrs Manu Bhagat @ Purnima Bhagat and Anr. v. Sh. Ashok Kumar Madan and Others

Case brief

What is this about?

What the court decided

Mrs Manu Bhagat @ Purnima Bhagat and Anr. v. Sh. Ashok Kumar Madan and Others

Case brief

What is this about?

What the court decided

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Parties & counsel

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