The Delhi High on Friday(04/12/2020) in the case of Muhammad Ajmal v. Anjuman Khuddam Qabristan Dargah Hajrat Khwaza Baki Billa & Anr., comprising of a bench of a single bench judge of justice Sanjeev Sachdeva issued directions for expediting hearing of a 40 years old suit, pending before the Trial Court since February 1980.
The Petitions had approached the Court aggrieved by the order dated 23.11.2020 where the Trial Court had directed the listing of the suit for a long date. Learned counsel for the petitioner contended that suit was filed
as far back as on 16.02.1980 and has been pending since then. It was contended by learned counsel for the petitioner that respondent after getting interim protection on 20.07.1982 has been delaying the progress of the suit.
The Respondents disputed over it, submitting that the proceedings had been adjourned sine-die in the view of pendency of another proceedings. The Bench without getting into the controversy and since the Suit has been
pending for over 41years, directed the trial court to expedite the proceedings and endeavour to conclude the same preferably within a period of six months.
The Learned counsel for the petitioner/defendant in the Suit submitted that the Suit has been listed on 19.12.2020 for a physical hearing and in view of the present pandemic, it would not be possible to physically appear in the proceedings. He prayed that the trial court be directed to take up the suit through video conferencing.
Responding to this, the Court observed,
"In view the advisories issued by the High Court, petitioner cannot be asked to appear physically unless the advisory is modified by the High Court… In view of the above, trial court is directed to take up the proceedings through video conferencing and not to list the proceedings for a physical hearing unless all the parties consent to the same. Accordingly, list the Suit for directions before the trial court on 15.12.2020 to set up a schedule for expeditious disposal as directed."
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