NyayAI Legal Knowledge Graph โ€” Public Judgment & Act Pages (validation build, unlisted)

W.P.(C)/2851/2020 of INDRAWATI Vs STATE OF NCT OF DELHI AND ORS.

Court
Delhi High Court
Decision date
2020-03-16
Case number
2851/2020

Parties

Cites (1)

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 2851/2020 INDRAWATI

..... Petitioner Through: Mr.A.K. Lakhanpal & Mr.Dhiraj Kumar, Advs.

versus

STATE OF NCT OF DELHI AND ORS.

Through: None.

..... Respondent

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA O R R% 16.03.2020

CM No. 9912/2020 (Exemption)

Allowed, Subject to all just exceptions. W.P.(C) 2851/2020 & CM No. 9911/2020

This petition has been filed by the petitioner challenging the Order dated 13.02.2020 passed by the learned District Magistrate (West), Govt. of NCT of Delhi in Case bearing Eviction No.38/DCW/2017 under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016.

At the outset, it has been put to the learned counsel for the petitioner that the remedy of the petitioner would lie by way of an Appeal under Rule 22(3)(4)(i) of the Rules.

The learned counsel for the petitioner prays for leave to withdraw the present petition with liberty to file an Appeal challenging the Impugned

order.

The learned counsel for the petitioner, however, submits that the petitioner apprehends that she may be evicted from the property in question while she prefers such an appeal.

Keeping in view the submissions made, while the present petition is allowed to be withdrawn with liberty to file an appeal challenging the Impugned Order, the Impugned Order shall not be enforced till such appeal is considered by the Appellate Authority. This order shall however, be subject to the condition that the petitioner prefers such an appeal within ten days from today.

Dasti.

NAVIN CHAWLA, J

MARCH 16, 2020/rv