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High Court of DelhiCM(M)/2381/2024

Balram Aggarwal (Since Deceased) Thr His Lrs v. Hardwari Lal (Since Deceased) Through Lrs

2024-04-23Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2381/2024 BALRAM AGGARWAL (SINCE DECEASED) THR HIS LRS ..... Petitioner Through:

Mr. Sagar Nandwani & Mr. Gurjeet Sodhi, Advs.

versus HARDWARI LAL (SINCE DECEASED) THROUGH LRS ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 23.04.2024 CM APPL. 23202/2024-Exp.

1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CM(M) 2381/2024 3.

The present petition has been filed under Article 227 of the Constitution of India seeking directions for disposal in a time bound period of RCA No.21/2022 and MISC DJ No.936/2023 titled as "Balram Aggarwal (since deceased through LRs) vs. Hardwari Lal (since deceased through LRs)" passed by learned Principal District & Sessions Judge, Patiala House Courts, New Delhi (hereinafter referred as „PD&SJ‟). 4.

The learned counsel for the petitioner submits that a suit was filed in 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 29/04/2024 at 14:03:29

September, 2006 and thereafter the proceedings in the suit followed and the learned Civil Judge passed the judgement/decree dated 08.09.2022. A regular civil appeal was preferred by the petitioner against the said order on 14.09.2022 before the learned PD&SJ.

5.

The learned counsel submits that the appeal was filed on 14.09.2022 however, till date reply has not been filed by the respondent and even the learned PD&SJ had imposed a cost of Rs. 10,000 on respondent for not filing the same. Moreover, to delay the proceedings further, the respondent has filed cross-objections which is also time barred. The respondent is merely trying to delay the proceedings by adopting dilatory tactics. 6.

Learned counsel has brought the attention of this Court to the various orders passed by the learned PD&SJ and submits that now the matter is listed for 07.05.2024 for hearing arguments on the cross objections. It is submitted that directions be passed to dispose of the appeal in time bound manner.

7.

In view of above submission, learned PD&SJ to expeditiously dispose of RCA No.21/2022 and MISC DJ No.936/2023 titled as "Balram Aggarwal (since deceased through LRs) vs. Hardwari Lal (since deceased through LRs)".

8.

Accordingly, the petition stands disposed of. SHALINDER KAUR, J APRIL 23, 2024 ab 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 29/04/2024 at 14:03:29