Rakesh Kumar Taneja v. Mohan Kumar Garg

$~A-27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 177/2016 RAKESH KUMAR TANEJA ..... Petitioner Through Mr.S.N.Gupta and Mr.Abhishek Rana, Advocates versus MOHAN KUMAR GARG ..... Respondent Through Mr.Kirti Uppal, Senior Advocate with Mr.Santosh Kumar, Mr.Digvijay Singh and Mr.Sidharth Chopra, Advocates

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 28.11.2016 By the present petition the petitioner seeks to impugn the order dated 17.12.2015 by which the application for grant of leave to defend of the respondent /tenant was allowed. On a query from the Court learned counsel have pointed out that the petitioner/landlord has already filed his evidence by way of affidavit. The trial is progressing. It is appropriate that the parties complete evidence before the ARC for adjudication of the Eviction Petition on merits. Learned counsel appearing for the petitioner submits that he has no objection to this provided the trial court is requested to expeditiously dispose of the eviction petition. He submits that he will only be leading evidence of of PW-1 whose evidence by way of affidavit has already been filed.

Learned senior counsel appearing for the respondent submits that he RC.REV.177/2016

will be leading evidence of three witnesses of which one is a government witness who would have to be summoned.

The trial court is requested to expeditiously deal with the Eviction Petition. No adjournments would ordinarily unless in emergent situation be granted to either side and an endeavour be made to dispose of the matter within twelve months from today.

Petition stands disposed of. All pending applications, if any, also stand disposed of.

JAYANT NATH, J NOVEMBER 28, 2016 n RC.REV.177/2016