Delhi High Court - Orders
Ramesh Kumar & Ors vs Rajiv Sharma on 31 May, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 947/2023
RAMESH KUMAR & ORS. ..... Petitioners
Through: Mr.Nikhilesh Krishnan and Ms.Ritika
Priya, Advocates.
versus
RAJIV SHARMA ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 31.05.2023 [The proceeding has been conducted through Hybrid mode ] CM APPL. 30155/2023 (EXEMP.)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 947/2023 & CM APPL. 30154/2023 (STAY)
1. The petitioner challenges the order dated 02.05.2023 passed by the Additional Rent Controller (ARC) North, Delhi in Cäse No. RC ARC-1076 of 2014 (New No.77839/2016) tilted as, Rajiv Sharma vs. Ramesh Kumar & Ors., whereby the learned Trial Court dismissed the two applications under Order XVI Rule 1 of Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") filed on behalf of the petitioner, simultaneously allowing the application under Section 151 CPC filed on behalf of the respondent seeking closure of the right of the petitioner to lead defendant's evidence.
2. Learned counsel appearing for the petitioner /tenant submits that though vide order dated 15.10.2014 of this court in an earlier Civil Miscellaneous Main Petition, only two opportunities each were granted to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 07:41:31 both the parties to record their respective evidences.
3. Learned counsel submits that, however, the respondent/landlord had taken almost 13 opportunities to complete the cross-examination of his own witnesses. Learned counsel further submits that respondent has been able to complete the cross-examination of RW4 and only 3 witnesses are left and 2 additionally to be summoned through the Court.
4. Learned counsel submits that the opportunities which the respondent got is less than what was provided to the respondent.
5. Learned counsel submits that order dated 15.10.2014 of this court in any case has been dilated over the time and there is no reason why the learned Trial Court should not provide adequate opportunity to complete the recording of the evidence.
6. Issue notice. On petitioner taking steps within a week, notice be served upon the respondent through all permissible modes. Additionally, through learned counsel appearing for the respondent before the learned Trial Court.
7. Reply, if any, be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
8. The matter is coming up before the learned Trial Court on 06.06.2023 for 'final hearing'.
9. In view of the above, the learned Trial Court is requested to defer its proceedings stated to be listed on 06.06.2023 to a date beyond the date fixed by this Court.
10. List for consideration on 03.10.2023.
TUSHAR RAO GEDELA, J.
MAY 31, 2023/neelam This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 07:41:31