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HIGH COURT OF DELHI
JUDGMENT
SH BABU LAL JAIN SINCE DECEASED THR HIS LRS ..... Petitioner
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Advocates who appeared in this case:
For the Petitioner : Ms. Jasmin Gill and Mr. Arpit Sharma, Advocates.
For the Respondent : None
[ The proceeding has been conducted through Hybrid mode ]
1. This is an application seeking exemption from filing certified copies of the annexures.
CM APP No. 9955/2023
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
4. By way of the present petition, the petitioner prays that the learned Rent Controller dispose of the leave to defend application in ARC No. 360/2018 titled as ‘Babu Lal Jain vs. Vijay Kumar Jain’ without any further delay.
5. Ms. Jasmin Gill, learned counsel appearing for the petitioner/landlord submits that the present petition has been hanging fire from 03.05.2019 when the pleadings qua leave to defend application were completed and the matter was fixed for final arguments on the said leave to defend application.
6. Learned counsel draws attention of this Court to the subsequent orders through till 15.12.2022 to submit that for one reason or the other there has been a delay in the disposal of the said application causing great prejudice and financial loss to the petitioner/landlord.
7. Learned counsel submits that the only relief sought for from this Court in the present petition is a direction to the learned Additional Rent Controller to dispose of the leave to defend application in the aforesaid rent control petition.
8. This Court has considered the submissions made by Ms. Gill as well as perused all the orders which have been annexed right from 14.09.2018 through till 15.12.2022.
9. On a perusal of the aforesaid orders, it is clear that due to the intervening COVID period as well as for other reasons there has been a delay caused in adjudication of the application for leave to defend filed on behalf of respondent/tenant.
10. In view of the directions of this Court in Delhi High Court Circular No. 69/Rules/DHC dated 05.12.2019, as well as the fact that no particular relief is being prayed in the present petition against the respondent, the need to issue notice to the respondent and serve copies of the present petition is dispensed with.
11. Having regard to the aforesaid submissions as well as after perusing the orders, this Court is of the opinion that it would be in the interests of justice to allow the prayer of the petitioner and direct the learned Additional Rent Controller to take up the matter in all earnest on 07.03.2023 and endeavor to dispose of the same on or before 30.04.2023.
12. Learned Trial Court shall also endeavor to ensure that no unnecessary adjournments are sought or given and shall ensure that the directions given today are adhered to and the said application is disposed of in accordance with law.
13. The petition is disposed of with no order to costs.
TUSHAR RAO GEDELA, J. MARCH 01, 2023