RAJESH SHARMA vs AKHIL SHARMA & ORS.

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th July, 2025 + CM(M) 1149/2025 & CM APPL. 38971/2025 RAJESH SHARMA .....Petitioner Through: Mr. Harsh Vardhan Sharma with Mr. Neeraj Kumar and Mr. Harsh Saini and Mr. Sanjiv Sharma, Advocates. versus AKHIL SHARMA & ORS. .....Respondent Through: Mr. Nishant Gautam, CGSC with Mr. Vardman Kuashik, Mr. Prithviraj Dey and Ms. Shaurya, Advocates for R-3. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. This happens to be second round of litigation. 2. Earlier also, the petitioner/plaintiff had filed a petition and had contended that despite the fact that defendants had been restrained from interfering with the performance of Puja, Aarti and Sewa in the temple in question, the defendants were interfering with his such rights. It was also contended that plaintiff had moved application under Order XXXIX Rule 2 A CPC but there was no due consideration of the abovesaid application. 3. When the earlier petition, which was registered as CM (M) No. 590/2025, was taken up by this Court on 01.04.2025, the abovesaid petition was disposed of as not pressed and, simultaneously, the plaintiff was permitted to move appropriate application before the learned Trial Court seeking early hearing of the matter and this Court had also observed that as and when any such application is moved, the same would be considered Signature Not Verified Digitally Signed CM(M) 1149/2025 1 By:SONIA THAPLIYAL Signing Date:08.07.2025 19:09:25 without any further delay in the matter. 4. Petitioner submits that he moved an application under Section 151 CPC but the same has been dismissed by the learned Trial Court on 23.05.2025, without giving any justifiable reason. 5. He submits that application moved under Order XXXIX Rule 2A CP