ANAMI DASS Vs. GAON SABHA CHHAWLA

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 22.12.2020 passed by the learned Principal District & Sessions Judge (South-West), Dwarka Courts in Appeal, being MCA No.07/2020, dismissing the said appeal with cost of Rs.25,000/-.

(2.) The appeal had been filed by the petitioner herein challenging the order dated 17.03.2020 passed by the learned Senior Civil Judge (South-West) District in Suit, being CS SCJ No.277/2020, dismissing the application of the petitioner herein filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908.

(3.) The learned counsel for the petitioner submits that the Impugned Order is liable to be set aside inasmuch as it wrongly observes that the appeal filed by the petitioner is not maintainable as the application of the petitioner under Order XXXIX Rule 1 and 2 of the CPC is still pending adjudication before the learned Senior Civil Judge. Drawing reference to the order dated 17.03.2020 passed by the learned Senior Civil Judge, the learned counsel for the petitioner submits that by the said order, the application filed by the petitioner had been dismissed by the learned Trial Court.