RAM KISHAN Vs. MANISH KUMAR

JUDGEMENT

(1.) In the captioned Civil Appeals by Special Leave, the appellants assail order dtd. 11/11/2021 in CM (M) No.998 of 2021 and the judgment and order dtd. 10/4/2023 in CM (M) No.1089 of 2022 passed by the High Court of Delhi at New Delhi. In the abovementioned Writ Petition, the petitioner prays for issuance of a writ of mandamus and/or for an appropriate writ/order or direction in the nature of mandamus, directing the Delhi Cantonment Board (hereinafter referred to as, 'the DCB') to de seal the subject property i.e., CB-97, Naraina Village, Delhi Cantt. Obviously, the subject property involved in the Civil Appeals and the Writ Petition is one and the same. The parties are referred to in this judgment in accordance with their status and rank in the captioned Civil Appeals unless otherwise specifically mentioned.

(2.) Heard, Mr. Abhishek Sharma, learned counsel for the appellants and Mrs. Avnish Ahlawat, learned counsel for the respondents.

(3.) CM (M) No.998 of 2021 was filed by Sh. Ram Kishan, appellant No.1 (deceased) herein who was defendant No.1 in Civil Suit No.759 of 2018 instituted by the first respondent herein. Deceased Ram Kishan filed the said petition under Article 227 of the Constitution of India on being aggrieved by the dismissal of his application filed under Sec. 151 of the Code of Civil Procedure, 1908 (for brevity, 'CPC') seeking dismissal of the said Civil Suit, as per the order dtd. 13/4/2021. The High Court as per the impugned order dtd. 11/11/2021, dismissed the petition and confirmed the order of the Trial Court. On 10/4/2023 the Trial Court, on the application of the first respondent/the plaintiff under Order XIV, Rule 5, CPC, for deletion of issue Nos.1 and 2 framed in Civil Suit No.759 of 2018, allowed it and deleted issue Nos.1 and 2. The same was challenged by the appellants in CM (M) No.1089 of 2022 and it was disposed of as per judgment dtd. 10/4/2023. The aforesaid order dtd. 11/11/2021 and judgment dtd. 10/4/2023 are under challenge in the captioned Civil Appeals. Though there is delay in filing the Special Leave Petition against the order dtd. 11/11/2021, we condone the delay in filing the same.