Aditya Bee v. Virender Kumar Jain

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 176/2018 & CM No. 5471/2018 ADITYA BEE ..... Petitioner Through:

Mr. Bharat Malhotra, Adv.

Versus

VIRENDER KUMAR JAIN ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 12.02.2018 Given the nature of dispute brought before the Trial Court in the Civil Suit (CS No. 8561/16) pending on the file of Additional District Judge -02, South and the fact that the respondent (the defendant) is described as a person aged 85 years, there can be no two opinions as to the fact that there is a need for expedition on the part of the trial Judge, particularly when out of several applications pending one is for DNA test to be arranged. Long adjournments undoubtedly may defeat the objective of the suit being preferred.

After some hearing, the learned counsel for the petitioner submits, on instructions, that he may be allowed to withdraw the present petition and the application filed therewith and instead move a formal application before the trial Court for early hearing.

The petition and the application filed therewith are dismissed as withdrawn with liberty as prayed for granted. Dasti under the signature of Court Master.

R.K.GAUBA, J FEBRUARY 12, 2018/nk