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Judgment
V. KAMESWAR RAO, J
CAV 990/2018
Since learned counsel for the caveator is present. Caveat stands discharged.
CM Nos. 45100/2018 & 45101/2018 (for exemption)
Exemption allowed, subject to all just exceptions.
Applications stand disposed of.
LPA 615/2018
This appeal has been filed by the appellant challenging the order dated September 24, 2018 passed by the learned Single Judge directing the
appellant herein to maintain the status quo in respect of the subject land.
Mr. Sanjay Poddar, learned Senior Counsel appearing for the appellant states by pointing out to pages 382 onwards which are photographs of the
construction being made on the land in question that under such circumstances, the learned Single Judge could not have directed the appellant to
maintain status quo. He also states, the South Delhi Municipal Corporation is within its right in terms of the Act and Bye-laws to make multi level
parking on the land, even if, the same is meant for the purpose of running Municipal school.
As we note that the date of hearing before the learned Single Judge is December 07, 2018 and the issue which arises for consideration in the writ
petition needs to be decided by the learned Single Judge, appropriate for the appellant is to file an application before the learned Single Judge for early
hearing of the writ petition. Such an application shall be filed by the SDMC by serving a copy of the same on the respondents including Dr. Pramod
Pal Sehgal intimating the date of hearing to them. If such an application is filed, we request the learned Single Judge to consider the same so as to
hear the writ petition at an early date.
We take on record the submission made by the learned counsel for the parties that they shall complete the pleadings in the writ petition before the
date of hearing to be fixed by the learned Single Judge.
The appeal is disposed of.
CM No. 45099/2018 (for stay)
Dismissed as infructuous.
Dusti under the signature of the Court Master.