Laxman Public School Society & ANR (Thr Its Chairman) v. Navshakti Education Society & ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1572/2018, CM APPL. 53312-53313/2018 LAXMAN PUBLIC SCHOOL SOCIETY & ANR (THR ITS CHAIRMAN) ..... Petitioner Through:

Mr. Rajiv Nayar, Sr. Advocate, Mr.

B.B. Gupta, Sr. Advocate with Ms.

Meghna Mishra, Mr. Rohan Sharma, Mr. Varun Kumar, Advocates.

versus NAVSHAKTI EDUCATION SOCIETY & ORS ..... Respondents Through:

Mr. Satish Sahai, Mr. Prashant Mehta, Ms. Vasundhra Bhardwaj, Advs for R-1.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 18.12.2018 CAV 1189/2018 The caveator is heard. Thus, the caveat stands discharged. CM(M) 1572/2018 On behalf of the petitioner, it is sought that the application filed by the petitioner in MCA 83/18 pending before the learned ADJ-09, Central seeking stay of the operation of the impugned judgment and decree dated 10.01.2012 in Suit No.633/06/02/86 be heard before the date 15.01.2019 inasmuch as otherwise, MCA 83/18 pending before the learned ADJ-09, Central would become infructuous. On behalf of the respondent no.1 i.e. the decree holder, the prayer to this limited

extent is not opposed.

In view of the submissions made on behalf of either side, the petition is disposed of with directions to the learned ADJ-09, Central seized of MCA 83/18 to hear the application seeking stay of the operation of the impugned order and decree dated 10.01.2012 in Suit no.633/06/02/86 on the date 08.01.2019 on which date the parties are directed to appear before the learned ADJ-09, Central, which application be adjudicated upon in any event before the execution of the decree.

Nothing stated hereinabove shall however amount to any expression on the merits or demerits of the proceedings in MCA 83/18.

Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J DECEMBER 18, 2018/NC