Full Order Text
Order 3 · 12 Feb 2025 · CNR DLCT010184682024
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. -- 1 of 2 -- 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 -- 2 of 2 --