Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 1084/2025 GANESH .....Appellant Through: Mr. Amit Agrawal Advocate, Ms. Lakshmi Nair Advocate, Ms. Akanksha Chauhan Advocate and Mr. Sarthak Wadhwa Advocate.
versus
SHIVJI .....Respondent Through: Mr. Vikram Dua, Advocate.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 10.04.2026 CM APPL. 23357/2026 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The Application stands disposed of. CM APPL. 23356/2026 (for early hearing)
3. Application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) has been filed on behalf of the Appellant for early hearing of the CM APPL. No. 75040/2025.
4. Learned counsel for the Respondent has appeared on advance Notice.
5. For the reasons stated in the Application, the same is allowed and disposed of. RFA 1084/2025
6. Learned counsel on behalf of the Appellant submits that though, the Application has been filed for grant of stay but this is a Regular First Appeal
against the Judgement of learned JSCC-cum-ASCJ-cum-Guardian Judge, North West District, Rohini Courts, Delhi and in fact, the Appeal should have been filed before the District Judge.
7. A request is made that the appropriate directions be made.
8. Considering the non-maintainability of the Appeal before this Court, the Appeal is hereby returned to the Appellant, to be filed before the competent jurisdiction.
9. On request of the Appellant, the parties are directed to appear before the learned Principal District and Sessions Judge, North West, Rohini Courts, Delhi for 18.04.2026.
10. The Appeal stands disposed of.
11. The date already fixed i.e. 09.07.2026 stands cancelled. NEENA BANSAL KRISHNA, J APRIL 10, 2026/RS