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High Court of DelhiCM(M)/745/2017

Rasheeda Siddiqi & ANR v. Mustafa Aleem Siddiqui & ANR

2017-07-21Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~61.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.745/2017 RASHEEDA SIDDIQI & ANR ..... Petitioners Through:

Mr. Y.P. Narula, Sr. Adv. with Mr.

Abhey Narula and Ms. Tara Narula, Advs.

versus MUSTAFA ALEEM SIDDIQUI & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 21.07.2017 CM No.25599/2017 and CM No.25600/2017 (both for exemption). 1.

Allowed, subject to just exceptions.

2.

The CMs stand disposed of.

CM(M) No.745/2017.

3.

This petition under Article 227 of the Constitution of India impugns the order dated 17th May, 2017 in CS No.7902/16 of the Court of Additional District Judge-06 (South-East), Saket Courts, New Delhi. 4.

The senior counsel for the petitioners / plaintiffs has argued (i) that the suit from which this petition arises is of the year 2008; (ii) that it has been at the stage of final arguments since the year 2014; (iii) that totally misconceived applications were filed before the Additional District Judge and the learned Additional District Judge, instead of dismissing the said applications at the threshold and proceeding with the final arguments has posted the matter to 14th September, 2017 for filing of reply to the applications and for arguments thereon. Attention is also invited to the order CM(M) No.745/2017

dated 15th March, 2016 in FAO(OS) No.47/2015 arising from the suit and it is argued that the Division Bench of this Court has also dismissed the misconceived appeals and the said order was confirmed by the Supreme Court.

5.

This petition is disposed of with a request to the learned Additional District Judge to, on 14th September, 2017 or within one week therefrom definitely decide the applications which have been filed (as noted in order dated 17th May, 2017) and to thereafter also expedite the proceedings in the suit having regard to the fact that it is of 2008 vintage No costs.

RAJIV SAHAI ENDLAW, J JULY 21, 2017 'pp'..

CM(M) No.745/2017