Vijay Kumar vs. Babita Verma

ITEM NO.2 COURT NO.4 SECTION XV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 299/2022 in SLP(C) No. 36700/2017

VIJAY KUMAR Petitioner(s)

VERSUS

BABITA VERMA Respondent(s) (FOR ADMISSION and IA No.40485/2022-EXEMPTION FROM FILING O.T. ) Date : 22-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. H.D. Thanvi, Adv. Mr. Achal Singh Bule, Adv. Mr. Nikhil Kumar Singh, Adv. Mr. Mahendra Singh, Adv. Mr. Rishi Matoliya, AOR

For Respondent(s)

Digitally signed by ASHA SUNDRIYAL Date: 2022.08.22 16:57:24 IST Reason:

Signature Not Verified

UPON hearing the counsel the Court made the following O R D E R

Application for exemption from filing official translation is allowed.

The report called for from the trial court has been submitted. In terms of the report, the learned Judge seems to opine that it was never brought to his notice that the judgment of the High Court to the effect that civil Court has no jurisdiction had been stayed. Learned counsel for the petitioner contends to the contrary.

Code, 1908 prima facie could not have been passed.

In order to put an end to the controversy, we think it appropriate to issue simple notice, treating it as an application, to the respondent returnable on 19.09.2022.

In the meantime, the order allowing the application under Order VII Rule 11, CPC is stayed.

Dasti as well.

[ASHA SUNDRIYAL] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)