Ashok Sharma & ANR v. Lajwanti Devi

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1191/2015 ASHOK SHARMA & ANR ..... Petitioners Through:

Mr.Sanjeev Soni, Advocate versus LAJWANTI DEVI ..... Respondent Through:

Mr.Lovleen R.Goyal, Advocate

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 11.01.2016 1.

The petitioners are aggrieved by the order dated 7th July, 2015 whereby learned Trial Court closed the opportunity to cross-examine Smt.Lajwanti Devi in the light of circumstances recorded in the proceedings of that date.

2.

The prayer made in the petition is for recalling the order dated 7th July, 2015 and granting one opportunity to the petitioners to cross-examine PW-1 Smt. Lajwanti Devi.

3.

Mr.Lovleen R.Goyal, learned counsel for the respondent has submitted that this petition is pre-mature for the reason that the application filed by the present petitioners before the learned Trial Court seeking review/recall of the order dated 7th July, 2015 is pending disposal before the learned Trial Court.

4.

Order dated 13th July, 2015, copy of which has been annexed by the CM(M) 1191/2015

petitioners along with this petition, records that notice of the review application has been ordered to be sent to the non-applicant. Not only that learned Trial Court has also recorded that this application shall be considered after recording the evidence of the defendant on the next date of hearing.

5.

Since the application seeking review/recall of the order dated 7th July, 2015 granting opportunity to cross-examine Smt.Lajwanti Devi is still pending consideration before the learned Trial Court and the review application has not been disposed of by learned Trial Court, the petition is pre-mature and the same is hereby dismissed.

PRATIBHA RANI, J.

JANUARY 11, 2016 'pg'

CM(M) 1191/2015