CHANDRA SHEKHAR BHARDWAJ vs MAJ. (RETD.) K.R. SURI SINCE DECEASED THROUGH LR

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th March, 2025 + CM(M) 2174/2024 & CM APPL. 17191/2024 & CM APPL. 47280/2024 & CM APPL. 53593/2024 CHANDRA SHEKHAR BHARDWAJ .....Petitioner Through: Petitioner in person. versus MAJ. (RETD.) K.R. SURI SINCE DECEASED THROUGH LR .....Respondent Through: Mr. Satyakam Saini, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner has suffered a decree of possession and mesne profits and challenged the abovesaid decree by filing a First Appeal which was registered as RCA DJ 110/2019. 2. During the pendency of the abovesaid appeal, the learned First Appellate Court passed an order on 17.08.2023, directing stay of operation of the impugned judgment on certain conditions. 3. Such order was challenged by the appellant by filing present petition under Article 227 of Constitution of India. 4. Mr. Saini, learned counsel for respondent/plaintiff, who appears through video-conferencing, however, submits that there is a significant development in the matter as the abovesaid appeal has already been disposed of by the learned First Appellate Court on 12.02.2025. Signature Not Verified Digitally Signed CM(M) 2174/2024 1 By:SONIA THAPLIYAL Signing Date:26.03.2025 17:23:07 5. It is submitted that such appeal has been dismissed on merits. 6. Petitioner does not dispute the abovesaid subsequent development. He, however, submits that the order, which is impugned herein, could not have been passed by the learned First Appellate Court. 7. When asked, petitioner Mr. Sharma also submitted that he is contemplating filing Regular Second Appeal and such filing is already in process. 8. In such a peculiar situation, as and when any such appeal is filed by the petitioner herein, if so advised, he can a