Rekha v. Kamla Devi & Ors.

Delhi High Court · 09 Sep 2025 · 2025:DHC:8054
Tara Vitasta Ganju
CM(M) 1732/2025
2025:DHC:8054
civil petition_allowed

AI Summary

The Delhi High Court directed the appellate court to expeditiously decide a nine-year pending civil appeal after arguments were concluded, emphasizing timely justice under Article 227.

Full Text
Translation output
CM(M) 1732/2025
HIGH COURT OF DELHI
Date of Decision: 09.09.2025
CM(M) 1732/2025 & CM APPL. 56159/2025
REKHA .....Petitioner
Through: Mr. Shiv Charan Garg, Mr. Imran Khan & Ms. Jahanvi Garg, Advs.
VERSUS
KAMLA DEVI & ORS. .....Respondents
Through: Mr. Vikram Aggarwal, Advs.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
JUDGMENT

1. The present Petition has been received on transfer from the Roster Bench. CM APPL. 56159/2025 [Exemption from filing certified copies]

2. Allowed, subject to just exceptions.

3. The Application stands disposed of.

4. The present Petition has been filed under Article 227 of the Constitution of India for directions to the Appellate Court to decide the Appeal being RCA No.61915/2016 captioned Smt. Rekha v. Smt. Kamla Devi & Ors.

5. Learned Counsel for the Petitioner submits that an Appeal was filed in the year 2016 by the Appellant against the dismissal of the suit on 13.07.2016 instituted by the Appellant in the year 2011 for possession, declaration, permanent and mandatory injunction being CS No.196/14 captioned Smt. Rekha v. Smt. Kamla Devi & Ors.

6. Learned Counsel for the Petitioner submits that the Appeal has been pending for the last almost 9 years and that arguments have also been concluded in the matter. Learned Counsel submits that his prayer is limited to an early disposal of the Appeal.

7. Issue Notice.

8. Learned Counsel for the Respondents accepts Notice and submits that both the Petitioner and the Respondents have concluded their arguments and that the Petitioner has also filed its Written Submissions. Learned Counsel for the Respondents submits that he will be filing his Written Submissions within two weeks from today before the Appellate Court.

9. Learned Counsel for the Respondents submits that he has no objection if the prayers in the present Petition are allowed.

10. The record reflects that the arguments were being heard by the learned Appellate Court from 14.10.2024 and thereafter, arguments have been heard on several dates and the matter is now fixed for hearing on 25.09.2025.

11. In view of the submission of the learned Counsel for the parties that both the parties have already concluded their arguments, the learned Appellate Court is requested to decide the Appeal of the Petitioner as expeditiously as is possible.

12. The Petition is disposed of in the aforegoing terms. All pending Applications stand closed.

TARA VITASTA GANJU, J SEPTEMBER 9, 2025/ ha