Simran Kaur Bawa v. Sh Bhupinder Singh Bawa & ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + I.P.A. 15/2016 & IAs No.14940/2016 (u/O XXXIX R-1&2 CPC) & 14942/2016 (u/O XXXIII R-8 CPC) SIMRAN KAUR BAWA ..... Petitioner Through:

Mr. Kirtiman Singh, Ms. Surbhi Mehta and Mr. Ashwin Kumar, Advs.

with petitioner-in-person.

Versus

BHUPINDER SINGH BAWA & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 04.05.2017 I.P.A. No.15/2016 & IA No.5505/2017 (of petitioner u/S 151 CPC) 1.

The petitioner seeks opportunity to make further oral submissions in the matter.

2.

Attention of the counsel for the petitioner is drawn to the orders dated 2nd December, 2016, 10th January, 9th February, 14th March and 19th April, 2017 when repeated opportunities have been given to the petitioner. A litigant cannot be permitted to file a proceeding and to thereafter seek adjournments, even to satisfy the Court as to the maintainability of the proceeding filed. Such spade work has to be done before filing of the proceeding.

3.

On the counsel for the petitioner being asked to argue today, the counsel states that settlement is underway and for reason whereof the petitioner does not want to argue today.

I.P.A. 15/2016

4.

I have further put it to the counsel for the petitioner that even if the petition is rejected, as would be the case for the reasons recorded in the earlier orders, the same would in any case not bar the petitioner from filing an appropriate proceeding in future.

5.

The counsel for the petitioner then seeks to withdraw the petition with liberty to apply afresh.

6.

The petition is dismissed as withdrawn with liberty aforesaid but on the condition that along with the proceeding, if any filed, copies of all the orders in this petition shall be filed.

RAJIV SAHAI ENDLAW, J.

MAY 04, 2017 bs..

I.P.A. 15/2016