Smt. Sharmila Devi v. Hukum Singh Through His Legal Heirs And ANR

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 492/2025 & CM APPL. 15253/2025 SMT. SHARMILA DEVI .....Petitioner Through:

Mr. N. S. Dalal with Ms. Nidhi Dalal, Mr. Alok Kumar, Ms. Rachana Dalal, Advocates.

versus HUKUM SINGH THROUGH HIS LEGAL HEIRS AND ANR .....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 12.03.2025 CM APPL. 15254/2025 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

CM(M) 492/2025 By way of the present petition filed under Article 227 of the Constitution of India, the petitioner seeks expeditious and time bound disposal of R.C.A. No. 12/2019 titled 'Sharmila Devi vs. Hukum Singh' pending before the learned Additional District Judge, Rohini Courts, Delhi.

2.

Mr. N. S. Dalal learned counsel appearing on behalf of the petitioner submits, that by way of the said appeal, the petitioner had impugned order dated 31.10.2018 whereby the learned Civil Judge, Rohini Courts, Delhi had dismissed an application filed by the petitioner under CM(M) 492/2025 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 20/03/2025 at 12:31:14

Order XXXIX Rule 2A of the Code of Civil Procedure, 1908. It is submitted that the appeal filed in 2019 before the learned Civil Judge has been pending, despite lapse of about 06 years. 3.

Mr. Dalal submits that vide order dated 21.01.2025, the learned Civil Judge has proceeded ex-parte against the legal representatives of the deceased respondent and has placed the appeal for arguments on 27.03.2025. However, Mr. Dalal states that it is his apprehension that the matter may not be taken-up on that day as well. 4.

Although there is no basis to the petitioner's apprehension that the matter may not be taken-up for hearing on 27.03.2025, the record does show that the appeal before the learned District Judge has been pending for the last 06 years.

5.

In view of the prayer made, it is not considered necessary to issue formal notice on this petition since the respondent cannot possibly oppose the expeditious disposal of the appeal pending before the learned Civil Judge.

6.

Accordingly, the petition is disposed-of with a request to the learned District Judge to take up the appeal at the earliest and to dispose-of the same, in accordance with law.

7.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 12, 2025 ds CM(M) 492/2025 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 20/03/2025 at 12:31:14