Ballu Ram @ Bal Kishan v. Deputy Commissioner & ORS

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 124/2018 & CM APPL. 25853/2023 BALLU RAM @ BAL KISHAN .....Appellant Through:

Mr. Rajesh Yadav, Sr. Adv. with Mr.

Tanmay Nagar, Ms. Shamli Verma, Mr. Rishabh Basoya, Advs.

versus DEPUTY COMMISSIONER & ORS .....Respondents Through:

Mr.

Sameer Vashisht, Standing Counsel (Civil), GNCTD with Mr.

Swapan Singhal, Adv. for R-1, 2 & 4 Mr. Tushar Sannu, Standing Counsel for MCD

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR.

JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 18.09.2025 1.

On 17.09.2024, the following order was passed: "1. In the present Appeal, the Appellant (Plaintiff in the suit) assails the correctness of the Order dated 18.05.2018 passed by the learned Single Judge of this Court in CS (OS) No.223/2018 while refusing to grant him an ad interim injunction.

2. The application filed by the Appellant/Plaintiff under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908, is still pending adjudication.

3. During the pendency of the present Appeal, the Appellant/Plaintiff has been dispossessed pursuant to an ejectment order passed by the Revenue Assistant. Now, the only grievance of the Appellant herein is concerning certain observations made in the impugned Order, which concern the maintainability of the suit.

4. At this juncture, after the learned Senior Counsel appearing on behalf of 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 20/09/2025 at 12:36:15

the Appellant concluded his arguments, the learned counsel appearing for the Respondents, who has been present before the Court throughout the submissions, prays for an adjournment, which is not appreciated by this Court.

5. List on 18.09.2025 for final disposal in the category of "Supplementary List" matters."

2.

Learned senior counsel representing the Appellant submits that the observations made by the learned Single Judge should not be construed as a final expression on the merits of the case.

3.

While deciding the application filed under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908, the Court only records prima facie observations, which are never construed as a final expression to the merits of the case.

4.

With these observations, the present Appeal, along with the pending application, is disposed of.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

SEPTEMBER 18, 2025 jai/rgk 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 20/09/2025 at 12:36:15