Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT01-018468-2024
RCA DJ No. 170/2024
Vinod Kumar Vs. Vijay Kumar Farshwal
12.02.2025
Present: Sh. Atul Kumar Sharma, Ld. Counsel for the appellant.
Notice sent to the proposed LRs of the deceased respondent
received back unserved with the report that no addressee reside at the given
address.
At this stage, it is submitted by the Ld. Counsel for the
appellant that the present appeal has been filed against the impugned order
dated 26.09.2024 passed by the Ld. CCJ-Cum-ARC (Central) in execution
petition bearing no. 1895/2024 titled as ‘Vijay Kumar Farshwal Vs.
Virpal’. It is further submitted that since it is an appeal against the order
passed in the execution petition which was qua the decree passed by the
Ld. ARC under Section 14(1) (e) and Section 25 of DRC Act, therefore, it
has to be adjudicated by the Ld. Rent Controller. He prays that the present
appeal may be sent to the Court of Ld. Rent Controller. Separate statement
of Ld. Counsel for the appellant is recorded in that regard.
The impugned order has been passed by the Ld. ARC in
execution petition which was filed pursuant to the decree passed by the Ld.
ARC under Section 14(1) (e) and Section 25 of the DRC Act, as per the
statement of the Ld. Counsel. Therefore, this Court does not have subject
matter jurisdiction to entertain the present appeal and the same would have
to be dealt by the Court of competent jurisdiction, that is, Ld. Rent
Controller.
In view of the same and statement made by the Ld. Counsel
for the appellant today, the matter be placed before the Ld. Principal
District & Sessions Judge (Central), Delhi for appropriate directions.
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Parties to appear before the Ld. Principal District & Sessions
Judge (Central), Delhi on 13.02.2025 at 2:00 PM.
(Neha Paliwal Sharma)
District Judge-03,(Central District),
Tis Hazari Courts, Delhi
12.02.2025
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