Delhi High Court
Sh. Nand Lal & Ors. vs Sh. Allauddin & Ors. on 18 December, 2020
$~10
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 18.12.2020
+ CM(M) 615/2020
SH. NAND LAL & ORS. ..... Petitioners
versus
SH.ALLAUDDIN & ORS. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Ms. Shalini Kapoor, Mr. Dikshant Khanna, Ms.
Bindita Chaturvedi and Mr. Sangram Singh,
Advocates.
For the Respondent: Mr. P.K.Rawal, Advocate.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the Additional Rent Controller to
expedite the proceedings and to decide the leave to defend application
in a time bound manner.
3. Learned counsel points out to order dated 10.12.2020 of the
Additional Rent Controller whereby the application under Order 22
Rule 4 CPC to bring on record the LRs of the deceased respondent has
been adjourned to July, 2021 for filing reply and arguments on the
said application.
4. Perusal of the order dated 10.12.2020 shows that the Additional
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.12.2020 10:51:54 CM(M)615/2020 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Rent Controller has given a date of 22.07.2021 for reply/arguments on
the application under Order 22 Rule 4 CPC on the ground that fresh
urgent matters are being received and leave to defend matters under
Section 14(1)(e) of DRC Act are pending before the Court and in view
of the high pendency a shorter date is not possible.
5. The present eviction petition was filed in the year 2016 and
leave to defend application was filed as far back in October, 2016 and
arguments on the leave to defend application have been pending for
over four years.
6. The Additional Rent Controller has to expedite older cases
rather than defer older cases on the ground that fresh applications
seeking leave to defend are coming before the Court.
7. Keeping in view the fact that this petition has been pending for
over four, the Additional Rent Controller is directed to expedite the
proceedings and dispose of the same in an expeditious manner.
8. List the eviction petition before the Additional Rent Controller
for directions on 12.01.2021.
9. Mr. Rawal, learned counsel appearing for the respondent No.1
submits that though he had appeared for the LRs of the deceased
respondent on 10.12.2020 before the Trial Court, he has not received
any further instructions from them. He however, assures that on the
next date before the Additional Rent Controller he shall be
representing both the respondent No.1 and the proposed LRs of
respondent No.2.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.12.2020 10:51:54 CM(M)615/2020 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
10. The Additional Rent Controller shall expedite the proceedings
and endeavour to dispose of the leave to defend application within six
months of the next date being fixed by this Court.
11. The petition is disposed of in the above terms.
12. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
DECEMBER 18, 2020
rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.12.2020 10:51:54 CM(M)615/2020 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
