MRS SHASHI SHARMA & ORS. v. MR GAURAV SHARMA & ORS.

Delhi High Court · 02 Apr 2025 · 2025:DHC:2301
Manoj Jain
CM(M) 603/2025
2025:DHC:2301
civil petition_dismissed

AI Summary

The Delhi High Court refused to issue time-bound directions for disposal of a partition suit in the absence of exceptional reasons, emphasizing judicial restraint and trial court discretion.

Full Text
Translation output
CM(M) 603/2025 1
HIGH COURT OF DELHI
Date of Decision: 2nd April, 2025
CM(M) 603/2025 & CM APPL. 19021/2025
MRS SHASHI SHARMA & ORS. .....Petitioner
Through: Ms. Charu Dalal
WITH
Mr. Amit Baisoya, Ms. Simran Johar, Advocates.
VERSUS
MR GAURAV SHARMA & ORS. .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The petitioners filed a suit for partition.

2. Earlier, the same was filed before this Court on its original side but with the change in pecuniary jurisdiction, the suit was transferred to District Courts.

3. The limited request in the present petition is to the effect that the learned Trial Court may be requested to dispose of the same in a time-bound manner.

4. When asked, it was informed by learned Counsel for petitioner that the case is at the stage of plaintiff’s evidence.

5. No copy of any order passed by learned Trial Court, in the above said suit after it was transferred to District Courts, has been attached with the CM(M) 603/2025 2 present petition and, therefore, it is not possible to decipher as to what is the reason of the delay.

6. Be that as it may, fact remains that Constitutional Courts should not issue time-bound directions for disposal of any such suit, unless there exists exceptional reasons.

7. No such exceptional reason has been assigned, except that plaintiff is aged person.

8. Be that as it may, this Court does not find any compelling reason to issue any direction. Nonetheless, it is expected that no unnecessary adjournment be given by the learned Trial Court, to ensure expeditious disposal.

9. Petition, along with the pending application, stands disposed of in the aforesaid terms.

10. A copy of this order be transmitted to learned Trial Court.

JUDGE APRIL 2, 2025/sw/shs