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TUSHAR RAO GEDELA
Babu Lal Jain Since Deceased Thr His Lrs – Appellant
Versus
Vijay Kumar Jain – Respondent
JUDGMENT :
[The proceeding has been conducted through Hybrid mode]
TUSHAR RAO GEDELA, J.
CM APP No. 9955/2023
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
CM(M) 326/2023
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
The court's decision was guided by the interests of justice and the need to address delays in the adjudication process.
Control Of Eviction of Tenants - Order sheets of trial court clearly show that on some ground or the other, adjournments are being granted in matter without any valid justification.
Courts must expedite hearings and prevent unnecessary adjournments in eviction matters based on bona fide necessity, adhering to prior judicial directives.
Adherence to procedural requirements within the stipulated time period and the demonstration of reasons beyond the petitioner's control for any delay in fulfilling such requirements.
The court emphasized the need for the summons to be duly served with a legible copy of the paper book and applied the dual test of reasons beyond control for the delay and the substantial case for co....
The need for expedited hearing and disposal of applications under the Delhi Rent Control Act, 1958, considering the petitioner's retired status and livelihood concerns.
A litigant's right to file and maintain an application is fundamental and should not be curtailed without proper legal basis.
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