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High Court of DelhiTR.P.(C.)/45/2015

Ms Madhu Mallick @ Madhulata Mallick v. Nehru Bal Samiti (Reg) & ANR

2016-04-06Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 45/2015 &C.M. No.12171/2015 (stay) MS MADHU MALLICK @ MADHULATA MALLICK ..... Petitioner Through Mr.RaJ Kumar Bhartiya, Advocate.

versus NEHRU BAL SAMITI (REG) & ANR ..... Respondents Through Mr.Sanjay Sawhney, Advocate for R-1.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 06.04.2016 This Court has been informed that out of three pending petitions, Civil Suit No.332/2007 titled M/s Nehru Bal Samiti Vs. Ms.Madhu Mallick which is a suit for possession and damages has been decreed for possession on the application filed by the plaintiff; what remains in that suit is only the relief of damages/mesne profit. The order passed on the application under Order XII Rule 6 of the CPC is to be confirmed by the High Court. This suit is pending before the Addl. District Judge (Central-District), Tis Hazari Courts. The second suit is civil suit No.2016/2010 titled Ms.Madhu Mallick Vs. M/s Nehru Bal Samiti which is a suit for permanent injunction and damages and the same is pending before the Civil Judge (West-District), Tis Hazari Courts. Learned counsel for the non-applicant/respondent submits that in view of the decree of

possession having been passed in his favour this suit has partly become infructuous.

The third petition is an MCA No.6/2014. This is an appeal filed against the dismissal of the application filed by Madhu Mallick under Section 340 Cr.P.C. and is pending before the Addl. District Judge (West-District), Tis Hazari Courts.

The aforenoted cases are pending before different Courts at different stages. The connectivity sought to be shown in the present cases for which the club order/transfer of the petitions is clearly not made out. Petition dismissed.

INDERMEET KAUR, J APRIL 06, 2016 ndn