Vateena Begum v. Shamim Zaffar & ANR.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 284/2020 VATEENA BEGUM ..... Appellant Through:

Md.Azam Ansari & Md.Maroof, Advocates versus SHAMIM ZAFFAR & ANR.

..... Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 30.04.2024 CM APPL. 24966/2024 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CM APPL. 24964/2024 (Seeking recording of the material submissions) 1.

The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of applicant/appellant seeking the following relief:- "In view of above facts, it is respectfully prayed to record the submissions as mentioned in para 2 of this application inadvertently missed in the order dated 09.04.2024 and accordingly direct that the order passed on this application shall form part and parcel of the order dated 09.04.2024. For this act of kindness, appellant lady shall remain deeply obliged to this Hon'ble Court."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

Heard and perused the contents of the application. 3.

Upon perusal of the contents of the application, this Court does not find any cogent reason to allow the same.

4.

Accordingly, the application stands dismissed. CM APPL. 24965/2024 (Directions) 1.

The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of applicant/appellant seeking the following relief:- "In view of the above facts, it is respectfully prayed to pass a direction to send the trial court records to the ld trial court forthwith through a Special Messenger so that the appellant's case is not delayed in ld trial court for want of TCR as appellant's case is a time bound matter by the Hon'ble Supreme Court of India as is apparent from order dated 26.2.2024 passed by the Hon'ble Supreme Court." 2.

Learned counsel appearing on behalf of applicant/appellant submitted that vide order dated 8th September, 2022, the Predecessor Bench of this Court had summoned the Trial Court Record in the captioned regular first appeal which was dismissed on the ground of delay. It is further submitted that the matter is pending adjudication before the learned Trial Court and it is prayed that the Trial Court Record be sent back to the concerned Court so as to proceed in the matter.

3.

Heard learned counsel for the applicant/appellant and perused the contents of the application.

4.

In view of the above, this Court is inclined to allow the prayer made in the instant application. Accordingly, the Registry is directed to send back the Trial Court Record to the concerned Court expeditiously. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

With the aforesaid direction, the instant application stands disposed of.

CHANDRA DHARI SINGH, J APRIL 30, 2024 dy/ryp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.