Anita Rani v. Manjeet Kant

Delhi High Court · 14 Jul 2025 · 2025:DHC:5663
Manoj Jain
CM(M) 1215/2025
2025:DHC:5663
civil petition_dismissed

AI Summary

The Delhi High Court directed the Trial Court to expeditiously decide the pending application under Order XII Rule 6 CPC within three months but declined to mandate time-bound disposal of the entire suit absent extreme hardship.

Full Text
Translation output
CM(M) 1215/2025 1
HIGH COURT OF DELHI
Date of Decision: 14th July, 2025
CM(M) 1215/2025 & CM APPL. 40932/2025
ANITA RANI .....Petitioner
Through: Mr. Shyam Babu, Advocate.
VERSUS
MANJEET KANT .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner, who is stated to be a senior citizen has filed a suit for possession, recovery of arrears of rent and mesne profit.

2. Such suit was filed in the year 2023 and has been registered as CS No.607/2023 titled Smt. Anita Rani vs. Manjeet Kant.

3. The sole prayer in the present petition is to the effect that the learned Trial Court may be requested to decide the abovesaid suit in a time-bound manner it may also be requested to take up the application moved under Order XII Rule 6 CPC on top priority.

4. The attention of the Court has been drawn towards various orders passed by the learned Trial Court, from time to time.

5. It is submitted that the application filed under Order XII Rule 6 CPC is pending adjudication for quite some time and the intent of the opposite side is to, somehow, delay disposal of said application.

6. Fact, however, remains that since, no case of any acute hardship or CM(M) 1215/2025 2 extreme exigency has been cited, this Court would not be in a position to direct the learned Trial Court to dispose of the suit in a time-bound manner.

7. However, keeping in mind the medical condition of the petitioner, it will be open to the petitioner to move appropriate application before the learned Trial Court seeking expeditious disposal of the suit and if any such application is moved, learned Trial Court shall consider the same appropriately, while assessing her medical condition.

8. However, since the application moved under Order XII Rule 6 CPC is pending adjudication for quite some time and it is agitated that its disposal is getting delayed due to non-cooperation from the side of the defendant, this Court directs that the abovesaid application may be decided expeditiously by the learned Trial Court and preferably within a period of three months, on the date it takes up the abovesaid application for further consideration.

9. The petition stands disposed of in aforesaid terms.

10. The pending applications, if any, stand disposed of.

JUDGE JULY 14, 2025/ss/pb