NEELAM CHANDRA vs NEETA BAHL & ORS.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16.05.2025 + C.R.P. 58/2023 NEELAM CHANDRA .....Petitioner Through: Mr. Vikram Hegde & Mr. Abhinav Hansaraman, Advocates. versus NEETA BAHL & ORS. .....Respondents Through: Ms. Rajeshwari & Ms. Neeta Bhal, Advocates for R-1. Mr. Chirag Madan, ASC for MCD with Mr. Rahul Agarwal & Mr. Ronit Bose, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 10.06.2022 passed by learned ASCJ, Tis Hazari Court, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, an Application under Section 151 of the CPC was decided by the learned Trial Court and a direction was passed that the matter be listed for arguments on all pending Applications. 2. In addition to raising other objections, learned Counsel for the Respondents raises an objection on the maintainability of the present Petition. It is stated by the learned Counsel for the Respondents that the Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:17.05.2025 C.R.P. 58/2023 Page 1 of 4 20:13:51 Petition is not maintainable in view of the judgment of the Supreme Court in Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers & Ors.1. In addition, it is stated that the Impugned Order has been assailed by the Petitioner previously by filing another proceeding under Article 227 of the Constitution of India which was disposed off by a Coordinate Bench of this Court on 11.01.2023. Reliance is placed on an order passed by a Coordinate Bench on 15.06.2022 and 11.01.2023 in CM(M) 598/2022 captioned Neelam Chan