M.M. Dhonchak v. Union Of India

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 1121/2024 and CM APPL. 66773/2024 M.M. DHONCHAK .....Appellant Through:

Mr. Tanuj Jaglan, Advocate with appellant in person versus UNION OF INDIA .....Respondent Through:

Mr. Ravi Prakash, CGSC with Mr. Aakash Meena and Mr. Taha Yasin, Advocates

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA ORDER (ORAL) % 18.11.2024 C. HARI SHANKAR, J.

1.

This Letters Patent Appeal under Clause 10 of the Letters Patent applicable to this Court assails order dated 21 October 2024 whereby the learned Single Judge has merely rejected the application seeking preponement of hearing.

2.

As held by the Supreme Court in Shah Babulal Khimjki v. Jayaben D. Kania and Ors1., a Letters Patent Appeal under Clause 10 of the Letters Patent is maintainable only against a judgment. The judgment has been defined in the said case as a decision which determines the right of one of the parties to the litigation even if it is at 1 (1981) 4 SCC 8 KUMAR 19:12:17 LPA 1121/2024 Page 1 of 2

an interim stage.

3.

The impugned order does not do so. The LPA is not maintainable. It is accordingly dismissed.

C. HARI SHANKAR, J.

ANOOP KUMAR MENDIRATTA, J.

NOVEMBER 18, 2024/yg Click here to check corrigendum, if any KUMAR 19:12:17 LPA 1121/2024 Page 2 of 2