Shiv Kumar Sharma v. Smt Sushila Bansal Through Lr & ANR

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 730/2019, CM APPL.No.22147/2019 SHIV KUMAR SHARMA ..... Petitioner Through : Mr.Kshitiz Mahipal, Advocate with petitioner in person.

versus SMT SUSHILA BANSAL THROUGH LR & ANR ..... Respondents Through : Mr.Onkar Singh, Mr.Umesh Kumar and Mr.Arun Gupta, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 15.05.2019 The learned counsel for petitioner says he shall be satisfied if only one more opportunity be granted to him for recording the remaining evidence and he shall summon the witnesses at his responsibility on such date before the learned Trial Court. The learned counsel for the respondents says if the Court is inclined to allow the prayer, it should be on some terms as matter is pending since the year 2011.

In the circumstances the petitioner is permitted to examine the remaining witnesses on a single date to be fixed by the learned Trial Court. It is made clear the witnesses shall be produced by the petitioner at his own responsibility and he shall not seek any adjournment on the ground of non-availability of witnesses. This last opportunity, however, shall be subject to payment of cost of

Rs.5,000/- to be paid by petitioner to the learned counsel for respondent even prior to examination of the witnesses. Both the parties shall appear before the learned Trial Court on 16.05.2019, the date already fixed for further directions.

The petition stands disposed in view of above terms. Pending application also stands disposed of.

Copy of this order be given dasti to the parties under signatures of the Court Master.

YOGESH KHANNA, J.

MAY 15, 2019 M