Chellamma & Ors. v. Murugesan

Delhi High Court · 21 Jan 2026 · 2026:DHC:513
Rajneesh Kumar Gupta
CM(M) 1294/2025 & connected matters
2026:DHC:513
civil appeal_allowed

AI Summary

The Delhi High Court allowed the petitioners one more opportunity to complete their evidence due to counsel's medical emergency, subject to payment of costs, setting aside the trial court's closure of evidence order.

Full Text
Translation output
CM(M) 1294/2025 & connected matters
HIGH COURT OF DELHI
Date of Decision: 21st January 2026
CM(M) 1294/2025 & CM APPL. 43140/2025
CHELLAMMA & ORS. .....Petitioners
Through: Mr. Prateek Choudhary, Advocate through VC.
VERSUS
MURUGESAN .....Respondent
Through: Mr. Rajesh Kumar and Mr. M.
Kumaresan, Advocates.
CM(M) 1314/2025 & CM APPL. 43475/2025
MR. KANDASWAMY & ORS. .....Petitioners
VERSUS
MR. MURUGESAN .....Respondent Kumaresan, Advocates.
CM(M) 1352/2025 & CM APPL. 44455/2025
MR. KANDASWAMY & ORS. .....Petitioners
VERSUS
MR. MURUGESAN & ORS. .....Respondents Kumaresan, Advocates for R-1.
Mr. Santosh Kr. Rout, SC for R-3.
CORAM:
HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
ORDER (Oral)
Rajneesh Kumar Gupta, J.
JUDGMENT

1. This hearing has been conducted through hybrid mode.

2. The present petitions have been filed by the petitioners under Article 227 of Constitution of India, 1950, assailing the common impugned order dated 22nd October, 2025, passed by the trial court in CS DJ No. 118/2019, CS DJ No. 1097/2018 and CS DJ No. 1117/2018, whereby the evidence of the petitioners has been closed.

3. I have heard learned Counsel for the parties and perused the record.

4. Learned Counsel for the petitioners submits that the evidence of the petitioners could not be tendered on 22nd October, 2024 as the Counsel of the petitioners/plaintiffs suffered a knee injury and was required to undergo surgery and therefore, it has been prayed that one more opportunity be granted to the petitioners to lead their evidence.

5. Per contra, learned Counsel for the respondents submits that the evidence of the petitioners has been closed after being granted several opportunities to the petitioners and that the present petition is nothing but a dilatory tactic to delay the proceedings.

6. Keeping in view the fact and circumstances of the case, this Court is of the opinion that it is in the interest of justice that one more opportunity be granted to the petitioners to complete their evidence, as the respondents can be compensated by way of costs. Accordingly, one more opportunity is granted to the petitioners to complete their evidence, subject to payment of costs of Rs. 5,000/- in each case to the respondents.

7. The present petitions are disposed of in above-stated terms, along with the pending application(s), if any.

RAJNEESH KUMAR GUPTA, J JANUARY 21, 2026/MR/ik