Deity Of Maa Kaali, Mahavir Enclave Kali Bari Mandir And ORS v. Deepak Kumar Mukherjee And ORS
$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3578/2024 & CM APPL. 59642-59643/2024 DEITY OF MAA KAALI, MAHAVIR ENCLAVE KALI BARI MANDIR AND ORS .....Petitioner Through:
Mr. Shiv Prakash Pandey with Ms.Sharmishta Choudhary, Mr. Raghav Pandey, Ms. Gauri Pandey, Advocates.
versus DEEPAK KUMAR MUKHERJEE AND ORS .....Respondent Through:
Mr. S. Chakraborty with Mr. Umesh Kumar and Mr. Sunil Panwar, Advocates for respondent Nos.1 to 7, 9 & 10 Mr. Anant, Advocate for Ms. Srija Chaudhary, Advocate for Respondent No.8 (through V.C.)
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 08.10.2024 1.
Petitioners are plaintiffs before learned Trial Court and are aggrieved by order dated 05.10.2024 whereby their application moved under Order XXXIX Rule 1 and 2 CPC has been dismissed.
2.
When asked, learned counsel for the petitioners, very fairly, admitted that against such order, an appeal would be maintainable under Order XLIII Rule 1(r) CPC.
CM(M) 3578/2024 1 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 02/07/2025 at 03:35:23
3.
It is, however, important to note that the impugned order has been passed by the Court of learned Civil judge and in such a situation, the appeal, if any, would lie before the learned District Judge concerned. 4.
In view of the above and since there is a statutory remedy to file appeal against the order impugned herein, the present petition is disposed of as not maintainable.
5.
However, the petitioner is at liberty to file appropriate appeal before the Competent Court of jurisdiction.
6.
The petition stands disposed of, accordingly. MANOJ JAIN, J OCTOBER 8, 2024/sw CM(M) 3578/2024 2 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 02/07/2025 at 03:35:23