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MANMEET PRITAM SINGH ARORA
Rahul Sharma – Appellant
Versus
Parveen Kumar Sharma – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 48188/2023(for exemption)
Exemption is allowed, subject to all just exceptions.
Accordingly, the present application is disposed of.
CM(M) 1520/2023
1. The present petition filed under Article 227 of the Constitution of India seeking a direction to the ADJ, Karkardooma Court, Delhi (`Trial Court') to dispose of the application filed by Respondent No. 1 under Order VII Rule 11 of Code of Civil Procedure, 1908 (`CPC') in a time bound manner.
1.1. The Petitioner is the plaintiff and the Respondents are the defendants in the civil suit filed for possession and declaration alongwith damages/mesne profit.
2. The learned counsel for the Petitioner states that the Respondent No. 1 filed his written statement on 08.10.2021 alongwith an application under Order VII Rule 11 CPC.
2.1. He states that the pleadings in the said application are complete and the matter has been adjourned before the Trial Court on several dates for addressing arguments on the said application filed by Respondent No. 1.
2.2. He states that due to the pendency of the said application, the Trial has not proceeded with the and the same is causing prejudice to the Petitioner h
The main legal point established in the judgment is that the Trial Court should decide an application filed under Order VII Rule 11 CPC before proceeding with the trial, as emphasized by the Supreme ....
Timely resolution of procedural matters is essential for the expeditious conduct of trials.
Litigants are generally not permitted to seek adjournments before the trial court and then invoke the High Court's jurisdiction for expediting proceedings, but specific considerations may warrant exp....
The High Court can direct the trial court to expedite proceedings under specific circumstances, but litigants must not abuse adjournment processes.
The court's discretion in permitting written statements and granting adjournments should be exercised judiciously, and unnecessary adjournments should be avoided under Order 17 CPC.
The Court emphasized the need for expeditious disposal of applications under Order XXXVII Rule 3 (5) CPC to prevent prejudicial effects on the petitioner.
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