Rahul Malia v. Naval Kishore Sharma & ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 307/2016 RAHUL MALIA ..... Petitioner Through Mr.Sanjay Jain, Advocate.

versus NAVAL KISHORE SHARMA & ORS ..... Respondents Through Nemo.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 01.04.2016 C.M. No.11853/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

CM(M) 307/2016 Petitioner is aggrieved by the order dated 05.3.2015 vide which the compromise arrived at inter se the parties i.e. between the plaintiff and the defendant in the Mediation Cell had been accepted and the plaintiff had been given permission to withdraw the suit; the parties were directed to be bound by their statements which they had made in the Mediation Cell qua the occupation, possession and utilization of the suit property.

The petitioner before this Court is a non-entity. He had moved an application under Order I Rule 10 of the CPC seeking impleadment in

the said proceedings which had been dismissed by the Trial Court on 22.01.2016. That order had been challenged in CM(M) Petition before this Court. This Court vide its order dated 10.02.2016 had endorsed the finding returned by the Trial Court and had noted that the applicant before this Court (Rahul Madia) was neither a necessary nor a proper party. The petitioner before this Court is again the same person i.e. Rahul Madia. The right of the present petitioner to intervene in this proceedings stood closed vide order of this Court dated 10.02.2016. This petition is wholly an abuse of the process of the Court and is not maintainable. It is dismissed with cost quantified at Rs.10,000/-. INDERMEET KAUR, J APRIL 01, 2016 ndn