Patronage Welfare & Educational Society (Regd) v. Rakesh Varma & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1348/2018 PATRONAGE WELFARE & EDUCATIONAL SOCIETY (REGD) ..... Petitioner Through:

Mr. Manan Kumar Mishra, Mr. Anjul, Ms. Anjani Mishra & Mr. Aditya Deo, Advs.

versus RAKESH VARMA & ORS ..... Respondents Through:

Mr.

Shankar Vaidialingam, Mr.

Shivain Vaidialingam &Mr. R.K.

Sahani, Advs.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 09.04.2024 1.

The present petition under Article 227 of the Constitution of India has been filed seeking directions to the learned Senior Civil Judge, Karkardooma Courts, Delhi (hereinafter referred to as ̳Trial Court'), to expedite the hearing in Civil Suit No.111/2010 titled as ―Patronage Welfare & Educational Society (Regd) vs. Dr. Rakesh Varma & Ors.‖. 2.

Learned counsel for the petitioner inter-alia has prayed as follows: "i. expedite the hearing in Civil Suit No. 111 of 2010 pending before learned Additional Senior Civil Judge, Karkardooma Courts, Delhi; and/or ii. direct the Court of learned Additional Senior Civil Judge, Karkardooma Courts, Delhi to decide the Civil Suit No. 111 of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 11:42:28

2010 (now CS No. 8927 of 2016) on urgent basis preferably on day to day basis; and/or iii. Issue an appropriate direction restraining the Respondents from any way interfering with the management control and affairs of Petitioner-Society till the disposal of C.S. No.111 of 2010."

3.

Learned counsel for the petitioner submits that he is not pressing at the prayer (iii) but is only restricted the present petition with respect to prayers (i) and (ii).

4.

It is submitted that the abovesaid civil suit was filed in the year 2010 and since then, the same is pending trial, therefore, the directions be issued to the learned Trial Court to expeditiously try the suit preferably on day-today basis. 5.

Learned counsel for the respondents submits that the delay is being caused due to the conduct of the petitioner herein as at the belated stage, he filed an application seeking amendment of the plaint, thereby causing delay to the proceedings.

6.

In view of above submissions made hereinabove, as learned counsel for the petitioner does not press prayer (iii) and is only pressing prayers (i) & (ii), learned Trial Court to expeditiously dispose of the Civil Suit No.111/2010 titled as ―Patronage Welfare & Educational Society (Regd) vs. Dr. Rakesh Varma & Ors.‖ pending before it.

7.

With above directions, petition stands disposed of. SHALINDER KAUR, J.

APRIL 09, 2024 ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 11:42:28