Reetu Kapur & ANR v. Parveen Saini

$~33.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.871/2017 REETU KAPUR & ANR ..... Petitioners Through:

Mr. Fanish K. Jain, Adv.

Versus

PARVEEN SAINI ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 16.08.2017 CM No.29008/2017 (for exemption).

1.

Allowed, subject to just exceptions.

2.

The application stands disposed of CM(M) No.871/2017.

3.

The plaintiffs in suit no. CS No.516488/2016 titled Reetu Kumar Vs. Parveen Saini of the Court of the Additional District Judge-03, Dwarka Courts, New Delhi, filed for ejectment of tenant and for ancillary reliefs, have filed this petition invoking supervisory jurisdiction of this Court, for a direction to the learned Additional District Judge to decide the applications filed by the petitioners / plaintiffs under Order XXXIX Rule 10, Order XVA and Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) within the time to be fixed by this Court.

4.

The order sheets in the suit of 9th July, 2016, 23rd August, 2016, 6th October, 2016, 5th December, 2016, 12th January, 2017, 17th March, 2017, 24th April, 2017 and 4th July, 2017 have been perused. 5.

It does indeed appear that considering the nature of the suit and the reliefs claimed in the applications, the disposal of the applications has been CM(M) No.871/2017

unduly delayed, particularly when the respondent / defendant is stated to be not paying any amount whatsoever to the petitioners / plaintiffs though does not dispute his signatures on the registered lease deed. 6.

It is also found that the respondent / defendant has filed an application under Order VII Rule 11 of the CPC for rejection of the plaint and the applications are now listed next before the Additional District Judge on 12th September, 2017.

7.

This petition is disposed of by requesting the learned Additional District Judge to dispose of all the pending applications before the end of September, 2017.

Dasti under signature of Court Master.

RAJIV SAHAI ENDLAW, J.

AUGUST 16, 2017 'pp'..

CM(M) No.871/2017