Bishamber Singh and Anr v. Sanjay Bhardwaj

Delhi High Court · 31 May 2023 · 2023:DHC:4064
Tushar Rao Gedela
CM(M) 952/2023
2023:DHC:4064
civil appeal_allowed

AI Summary

The Delhi High Court directed the trial court to expeditiously dispose of a civil suit pending since 2010, due to delays caused by the respondent's frivolous applications.

Full Text
Translation output
CM(M) 952/2023
HIGH COURT OF DELHI
JUDGMENT
delivered on: 31.05.2023
CM(M) 952/2023
BISHAMBER SINGH AND ANR ..... Petitioners
versus
SANJAY BHARDWAJ ..... Respondent
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Advocates who appeared in this case:
For the Petitioner : Ms.Rambha Singh, Advocate.
For the Respondent : None.
CORAM:
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 30374/2023 (EXEMP.)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

4. Ms. Rambha Singh, learned counsel for the petitioner/derfendant submits that though the suit is listed for recording of evidence of PW[1], however, the respondent/plaintiff for one reason or the other has been

3. The petitioner/defendant seeks a direction that the learned Trial Court dispose of the suit expeditiously. filed frivolous application which is delaying the disposal of the suit itself.

5. Ms.Rambha Singh, seeks simple direction that the learned Trial Court dispose of the suit expeditiously.

6. Learned counsel for the petitioner/defendant also submits that the suit is pending for the last 13 years and was filed in the year 2010 and till date, only part cross-examination of PW[1] has taken place. She further submits that the petitioner/defendant has always been ready to cross-examine the witnesses of the respondent/plaintiff including PW[1]. However, on one pretext or the other, the respondent/plaintiff is delaying the disposal.

7. Since the petitioner is only seeking direction for expeditious disposal, this Court is of the opinion that no purpose would be served seeking response from the respondent/plaintiff. Ms. Singh, learned counsel submits that advance notice to the email of the learned counsel for the respondent/plaintiff has been sent on 29.05.2023 at 3.50pm.

8. In view of the aforesaid submissions and keeping in view that the suit is pending since the year 2010, the learned Trial Court is requested to expeditiously dispose of the suit in view of the long pendency of the suit.

9. In view of the aforesaid, petition stands disposed of with no order as to costs.

TUSHAR RAO GEDELA (JUDGE) MAY 31, 2023