In a major relief to Aam Aadmi Party MP Raghav Chadha, the Delhi High Court set aside city court’s order that had paved way for Rajya Sabha secretariat to evict Aam Aadmi Party MP Raghav Chadha from his official residence in the national capital.
A single bench of Justice Anup Jairam Bhambhani revived the city court’s April 18 order of restraining the secretariat from dispossessing the MP from the bungalow till adjudication of his application seeking temporary injunction against eviction.
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The court has directed Chadha to approach the city court within three days with his application for interim relief and has directed the trial court to first decide on the same in accordance with law.
“The appeal is allowed. Holding that A) there was no requirement for the appellant to file an application under 80 CPC to comply with that provision thus the application under 80 CPC is disposed of as infructuous. Directing the appellant to be present in the court within three days of the pronouncement of the judgement with the direction to the trial court to first decide the application under Order 39 rule 1 and 2 & thus to proceed in accordance with law. In the meantime, the order dated 18/4 shall stand revived till the application under order 39 rule 1 & 2 is decided by the trial court,” the bench said while pronouncing the verdict.
On October 10, Chadha had moved the Delhi high courtagainst the local court’s order to vacate an interim order which had stopped the RS secretariat from evicting him from the official government bungalow allotted to him.
On September 8, 2022, the AAP leader was allotted a Type VII bungalow at Delhi’s Pandara Road from the Rajya Sabha pool. He took possession of the bungalow in November 2022.