Delhi High Court
Niharika Wahal vs Geeta Wahal & Anr on 24 September, 2020
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.09.2020
+ CM(M) 1551/2019
NIHARIKA WAHAL ..... Petitioner
versus
GEETA WAHAL & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Ms. Rakhee Gupta, Advocate.
For the Respondent: Mr. F.K. Jha, Gupta, Advocate
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM(M) 1551/2019 & CM APPL.23740/2020 (filed on behalf of
petitioner seeking directions)
1. The hearing was conducted through video conferencing.
2. By this application, petitioner seeks stay of the Trial Court
proceedings.
3. Learned counsel for the petitioner submits that written
statement of the petitioner could not be filed in time because of the
incorrect advice given by the previous counsel and accordingly, the
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.09.2020 21:58:36
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
right to file the written statement was closed and the defence was
struck off by the impugned order dated 25.07.2019.
4. Learned counsel for the petitioner submits by order dated
05.11.2019 in these proceedings, this Court directed that the cross-
examination of plaintiff's witnesses would continue, however,
defendant evidence should not commence.
5. Learned counsel for the petitioner submits that without noticing
the directions issued by this Court, Trial Court on 07.09.2020 has
listed the case for final arguments.
6. Learned counsel for the respondents submits that this is a
dispute filed by the mother-in-law seeking possession of the property,
the title of which vests in her and on account of the pendency of the
present proceedings, the Suit is being delayed. He, however, without
prejudice submits that he has no objection to grant of one opportunity
to the respondent to file her written statement subject to a direction to
the Trial Court to expedite the proceedings.
7. Without going into the merits of the contentions, in view of the
concession given by the learned counsel for the respondent, impugned
order dated 25.07.2019 is set aside. The Written Statement already
filed before the Trial Court is taken on record of the Trial Court.
8. Learned counsel for the petitioner submits that there are certain
subsequent developments which need to be incorporated in the
Written Statement.
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.09.2020 21:58:36
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. Petitioner is permitted to move an application for amendment of
the Written Statement to bring on record subsequent events and on
such an application being moved, the Trial Court shall consider the
same in accordance with law.
10. In view of the nature of the controversy, Trial Court is directed
to expedite the proceedings and endeavour to conclude the same
within a period of 6 months from today.
11. Parties are directed not to seek unnecessary adjournments from
the Trial Court.
12. Petition and all the applications are, accordingly, disposed of.
13. The next date of 12.10.2020 is cancelled.
14. Petition is, accordingly, allowed in the above terms.
15. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SEPTEMBER 24, 2020 SANJEEV SACHDEVA, J
st
Digitally Signed By:KUNAL
MAGGU
Signing Date:24.09.2020 21:58:36
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
