KURIA SINGH vs NARAYAN SINGH

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th July, 2025 + FAO 219/2024 KURIA SINGH .....Appellant Through: Mr. Rajeev Saxena, Sr. Advocate with Ms. Megha Saxena, Advocates. versus NARAYAN SINGH .....Respondent Through: Mr. Abhishrut Singh, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) FAO 219/2024 & CM APPL. 39609/2025 (for urgent interim relief) 1. The appellant-Mr. Kuria Singh (since deceased) takes exception to order dated 08.07.2024 whereby his application moved under Order XXXIX Rules 1 and 2 CPC has been dismissed and the application filed by his adversary seeking permission to reconstruct the roof has been allowed. 2. Such appeal is now listed for further consideration on 03.09.2025. 3. During the pendency of the appeal, Plaintiff-Mr. Kuria Singh died and as far as the present appeal is concerned, his LRs have already been brought on record. 4. The abovesaid application has been filed by the appellant seeking stay of the proceedings pending before the learned Trial Court. 5. However, when asked, learned Senior Counsel for the appellant/plaintiff, in all fairness, submitted that the suit has already progressed as the trial is complete and the matter is now listed for hearing of final arguments. 6. Of course, any application moved under Order XXXIX Rules 1 and 2 Signature Not Verified Digitally Signed FAO 219/2024 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 12:30:18 CPC is generally, decided while taking a prima-facie view and since the parties have already led their respective evidence and since the matter is already at the stage of final arguments, it will be appropriate if the learned Trial Court hears final arguments and decides the suit. 7. After hearing arguments for some time, Mr. Rajeev Saxena, learned Se