Delhi High Court - Orders
Dalbeer Kaur & Anr vs Balbir Kaur on 26 May, 2022
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 329/2022 & CRL.M.A.10651/2022
DALBEER KAUR & ANR. ..... Petitioners
Through: Ms Mansi Sharma, Adv.
versus
BALBIR KAUR ..... Respondent
Through: Appearance not given
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 26.05.2022
CRL.M.A.10652/2022
1.0 Allowed, subject to just exceptions.
CRL.REV.P. 329/2022
2.0 Issue notice.
3.0 Learned counsel for the respondent appears on advance notice and requests for some time to file reply.
4.0 List on 08.08.2022.
CRL.M.A.10651/20225.0 Learned counsel for the petitioners submits that order and judgement dated 25.11.2021 passed by Additional Sessions Judge in C.A.No.427/2019 titled as Balbir Kaur v. Harmeet Singh and Anr. against the petitioners herein, was passed behind the back of the petitioners. She has also submitted that despite directions of this court vide order dated 08.04.2021, annexed as Annexure: P-2, Ld. ASJ proceeded in the matter, that too, on an early hearing application.
5.1 The relevant portion of the directions issued by this court during Covid pandemic on administrative side, vide office order CRL.REV.P. 329/2022 page 1 of 2 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:31.05.2022 19:28:30 No.256/RG/DHC/2021 dated 08.04.2021, reads as follows:
"No adverse orders shall be passed by the District Courts in Delhi in case of non-appearance of parties and/or their counsel and the matters which are fixed for recording of evidence, shall be adjourned."
5.2 It is also submitted that the petitioners have been directed to vacate the premises in question. Execution petition in that respect has been filed and which is fixed for tomorrow i.e. 27.05.2022.
5.3 The fact that the execution petition is fixed for tomorrow is not disputed by learned counsel for the respondent.
6.0 At this stage, possibility of settlement is explored. Learned counsel for the respondent is agreeable to explore the same but also states that there may not be any possibility of settlement to allow the petitioners to continue to stay in the house. If they require some time to vacate it, the respondent would be ready to go for mediation only qua this aspect. 8.0 Learned counsel for the petitioners submits, in that case, no purpose would be served by reference to mediation.
8.1 Learned counsel for the petitioners request that the execution proceedings be stayed till the next date of hearing, otherwise, if the petitioners are evicted this petition would be rendered infructuous. 9.0 Let no coercive action be taken against the petitioners till the next date of hearing.
10.0 Application stands disposed of accordingly.
POONAM A. BAMBA, J
MAY 26, 2022/p Click here to check corrigendum, if any
CRL.REV.P. 329/2022 page 2 of 2
Signature Not Verified
Digitally Signed
By:GEETA JOSHI
Signing Date:31.05.2022
19:28:30