RADHEYSHYAM Vs. MANGE LAL

JUDGEMENT

(1.) This petition filed under Article 227 of Constitution of India impugns the order dtd. 10/11/2023 passed by the ADJ-01, Patiala House Courts, New Delhi ('Appellate Court') in RCA DJ No. 52/2023, titled as 'Radhey Shyam and Ors. v. Mange lal @Mange Ram' whereby the appeal was renotified to 25/11/2023, without passing any order on the application seeking interim stay of the impugned order.

(2.) The Petitioner herein is aggrieved by the non-grant of stay of impugned order dtd. 20/10/2023 passed by the JSCC/ASCJ/GJ, Patiala House Courts, New Delhi in Misc SCJ No. 26/2023, dismissing the Petitioner's application filed under Order IX Rule 13 of Code of Civil Procedure, 1908, seeking setting aside of the ex-parte decree dtd. 8/5/2023.

(3.) This Petitioner herein is the defendant and the Respondent is the plaintiff in the civil suit bearing no. 805/2021. The said suit has been filed seeking permanent and mandatory injunction, recovery of damages and use and occupation charges with respect to ground floor an d second floor of property bearing H. No.73, Khasra No. 224, Min., Village Araakpur, Bagh Mochi, Moti Bagh, Delhi ' 110021 ('suit property').