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HIGH COURT OF DELHI
Date of Decision: 08.05.2025
BRAHAM PRAKASH & ORS .....Petitioners
Through: Mr. K.C. Dubey, Mr. Uttakarsh Bhargava, Mr. Ajay P., Mr. R.K.
Dagar, Advs.
Through: None.
JUDGMENT
1. This Court had by its order dated 16.04.2025 passed the following directions:
proceedings before the learned Trial Court within two weeks from today.”
2. Learned Counsel for the Petitioners submits that the Respondent (Plaintiff before the learned Trial Court) is unnecessarily delaying the adjudication of the present case before the learned Trial Court. Learned Counsel seeks to rely upon the orders passed by the learned Trial Court from time to time including orders dated 26.09.2024 and 10.12.2024.
3. Learned Counsel for the Petitioners submits that given the pendency of the matter, he would be satisfied if directions are passed to expedite the trial.
4. None appears for the Respondent today.
5. A perusal of the orders passed by the learned Trial Court, which have been placed on record, shows that the Plaintiff’s evidence stands closed in terms of the order dated 10.12.2024 and the matter is now listed for the Defendants’ evidence.
6. After some arguments, learned Counsel for the Petitioners seeks permission to withdraw the present Petition with liberty to agitate all contentions before the learned Trial Court at the time of the final hearing in the matter.
7. The Petition is accordingly dismissed as withdrawn with liberty as prayed for, albeit in accordance with law. All pending Applications stand closed. All rights and contentions of the parties are left open in this regard.
8. The parties are directed not to take any unnecessary adjournments before the learned Trial Court.
9. Given the pendency of the matter since 2013, the learned Trial Court may take adequate steps to ensure that no delay is caused by either party in the matter.