Sh. Vijender Kumar Sharma (Since ... vs Ajay Kumar Sharma & Anr.
2023 Latest Caselaw 3993 Del

                          $~85
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                      Date of decision: 04.10.2023

                          +       CM(M) 1370/2023
                                  SH. VIJENDER KUMAR SHARMA (SINCE DECEASED)
                                  THROUGH HIS LRS                        ..... Petitioner
                                               Through: Mr. Arpit Sharma and Mr. Aman
                                                        Bhardwaj, Advocates

                                                     versus

                                  AJAY KUMAR SHARMA & ANR.                               ..... Respondent
                                                     Through:     None

                          %
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                     JUDGMENT

MANMEET PRITAM SINGH ARORA, J (ORAL):

CM APPL. 43419/2023 (for exemption) Exemption is allowed, subject to all just exceptions. Accordingly, the present application is disposed of. CM(M) 1370/2023

1. This petition filed under Article 227 of the Constitution of India seeks appropriate direction to the ADJ, Shahdara District, Karkardooma Courts, Delhi ('Trial Court'), to expeditiously dispose of an application filed by the defendants i.e., Respondents herein under Order IX Rule 7 of the Code of Civil Procedure, 1908 ('CPC').

2. At the outset, learned counsel for the Petitioner states that in this

Digitally Signed By:MAHIMA SHARMA Signing Date:06.10.2023 15:26:58 petition, he is seeking a limited direction to the Trial Court to expedite the trial.

2.1 He states that the Respondent Nos. 1 and 2 are the only two defendants in the civil suit.

2.2 He states that the suit was filed in the year 2014 and the said two Respondents were proceeded ex parte on 22.08.2017. He states that thereafter Respondent Nos. 1 and 2 filed an application under Order IX Rule 7, CPC on 20.03.2018, however, they have not come forward to address arguments on their application and therefore the proceedings before the Trial Court have been stalled.

2.3 He prays that a direction be issued to the Trial Court to decide the said application filed by the defendants in a time bound manner so that the trial can proceed. He states that the matter is next listed before the Trial Court on 07.10.2023.

3. None appears on behalf of the Respondents despite advance service.

4. This Court has perused the order sheet of the Trial Court placed on record. The submissions of the Petitioner are duly borne out from the orders of the Trial Court. The matter has remained pending at the stage of pleadings for nine (9) years.

5. In view of the submissions made by the counsel for the Petitioner, the learned Trial Court is requested to hear and decide the application filed by the Respondents under Order IX Rule 7 CPC preferably within one (1) month from 07.10.2023, the date already fixed before the Trial Court; in accordance with law.

6. It is made clear that this Court has not examined the merits of the rival contentions of the parties with respect to Order IX Rule 7 CPC application

Digitally Signed By:MAHIMA SHARMA Signing Date:06.10.2023 15:26:58 filed by the Respondents before the Trial Court.

7. With the aforesaid directions, the present petition stands disposed of.

MANMEET PRITAM SINGH ARORA, J OCTOBER 4, 2023/msh/sk Click here to check corrigendum, if any

Digitally Signed By:MAHIMA SHARMA Signing Date:06.10.2023 15:26:58