Delhi High Court
Anjana Singh vs Jinu Prakash on 17 October, 2023
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17.10.2023
+ CM(M) 398/2023 CM APPL. 11895/2023 CM APPL. 43114/2023
ANJANA SINGH ..... Petitioner
Through: Mr Ishan Sanghi and Ms. Poorvashi
Kalra Advocates, along with
Petitioner in person
versus
JINU PRAKASH ..... Respondent
Through: Mr. Vikas Chadha, Mr. Anil Kumar
and Mr. Rahul Saini, Advocates
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
1. This petition filed under Article 227 of the Constitution of India
impugns the order dated 21.01.2023 passed by the Additional District Judge,
01, South West, Dwarka District Court ('Trial Court') in CS DJ no.
785/2022 titled as "Jinu Prakash vs. Anjana Singh" whereby, the Trial
Court struck off the defence of the Petitioner herein on the ground that the
stipulated period for filing written statement had already expired.
1.1. The Petitioner is the defendant and the Respondent is the plaintiff in
the suit filed for recovery/restoration of possession, permanent injunction
and recovery of money.
2. The learned counsel for the Respondent states that in the facts of this
Signature Not Verified
By:MAMTA RANI
Signing Date:20.10.2023
19:53:36
case no interference is merited with the impugned order dated 21.01.2023.
2.1. He states that the Petitioner has deliberately delayed filing the written
statement.
2.2. He states that in fact in the year, 2020, the petitioner had given an
undertaking to vacate the property bearing Flat No.15, B- 47/2, Major Bhola
Ram Enclave, Village Pochampally Pur, Sec-23, Dwarka, New Delhi ('suit
property') and has thereafter resiled from the same.
2.3. He states however, in the interest of expediting his eviction
proceedings before the Trial Court, he has no objection if the written
statement is allowed to be taken on record subject to strict terms.
3. In reply, the learned counsel for the Petitioner states that Petitioner
gives an undertaking to this Court that she will be duly represented before
the Trial Court through counsel on each date so as to enable expeditious
disposal of the proceeding.
4. In the aforesaid facts the following directions are passed with the
consent of the parties.
4.1. The Petitioner shall pay cost of Rs. 30,000/- to the Respondent within
two (2) weeks.
4.2. The written statement of the Petitioner alongwith affidavit of
admission/denial of documents will be filed within two (2) weeks.
4.3. The Respondent will file the replication alongwith documents, if any
within 2 weeks thereafter, subject to receipt of costs.
4.4. The Petitioner's undertaking at paragraph 3 is taken on record and she
is bound down to the same.
5. The Petitioner is present in Court and the learned counsel for the
Petitioner states that the aforesaid conditions are acceptable to the Petitioner
Signature Not Verified
By:MAMTA RANI
Signing Date:20.10.2023
19:53:36
and she will adhere to them. He states he has taken instructions from her
before making the submission.
6. It is clarified that the aforesaid liberty has been granted to the
Petitioner by way of last opportunity and if she fails to avail this opportunity
then the order of the Trial Court dated 21.01.2023, shall come into
operation.
7. After filing its replication, the Respondent herein will be at liberty to
approach the Trial Court for advancing the date of hearing for the purpose of
settlement of issues.
7.1. The Respondent will also be at liberty to move an appropriate
application for enhancement of rent before the Trial Court and the said
application will be decided in accordance with law.
8. With the aforesaid direction present petition is disposed of with the
consent of the parties. Pending applications, if any, stands disposed of.
MANMEET PRITAM SINGH ARORA, J
OCTOBER 17, 2023/hp/asb
Click here to check corrigendum, if any
Signature Not Verified
By:MAMTA RANI
Signing Date:20.10.2023
19:53:36
