Ratika Kalra v. District Magistrate West And ORS

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8326/2025, CM APPL. 36147/2025, 36148/2025 RATIKA KALRA .....Petitioner Through:

Mr. Ashish Deep Verma, Mr. Akhil Kukreja and Ms. Pragati Dhawan, Advs.

versus DISTRICT MAGISTRATE WEST AND ORS .....Respondents Through:

Mr. Abhinav Singh, Mr. Ramneek Mishra, Adv. for R1 Ms. Shehnaz Ali, Mr. Zaim Khan, Advs. for R2 to R4 .

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 30.05.2025

O R D E R

1.

The present petition assails an eviction order dated 19.05.2025 passed by the District Magistrate (West), New Delhi under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Eviction No. 652/DCW/2022, Case ID: 34002, titled as Thakur Dass Kalra & Anr. v. Ratika Kalra.

2.

By way of the said order, the petitioner has been directed to be evicted from the property bearing no. Flat No. 42, Pragati Apartments, Paschim Vihar, New Delhi-110063. Admittedly, the petitioner has a remedy of filing an appeal against the aforesaid order.

3.

After some hearing, it is submitted by the learned counsel for the petitioner that the petitioner shall be availing the prescribed appellate remedy. He further submits that along with the appeal the petitioner shall be 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 01/07/2025 at 19:41:50

filing an application seeking interim stay of the impugned order. At this stage, he only requests that the matter be directed to be listed before the Appellate Authority at the earliest possible date so that the petitioner can press his appeal and also his application for interim stay. 4.

Considering the aforesaid, the petition is disposed of with liberty to the petitioner to pursue its appellate remedy and file an appeal against the impugned eviction order dated 19.05.2025. It is further directed that upon such appeal being filed, the Appellate Authority shall fix a date of hearing within a period of one week from the date of filing of the said appeal (along with all documents and enclosures, etc.) 5.

The Appellate Authority shall consider the appeal on merits as also the petitioner's application for interim relief. 6.

The petition is disposed of in the above terms. The pending applications also stand disposed of.

7.

Let an advance copy of the appeal be provided to the learned counsel for the respondent nos. 2, 3 and 4.

SACHIN DATTA, J MAY 30, 2025/uk 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 01/07/2025 at 19:41:50