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2026 Supreme(Online)(Del) 1200

IN THE HIGH COURT OF DELHI AT NEW DELHI
MR. KANDASWAMY & ORS. – Appellant
Versus
MR. MURUGESAN – Respondent
CMM - 1314/2025



$~42 to 44 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21st January 2026 + CM(M) 1294/2025 & CM APPL. 43140/2025 CHELLAMMA & ORS. .....Petitioners Through: Mr. Prateek Choudhary, Advocate through VC.

versus MURUGESAN .....Respondent Through: Mr. Rajesh Kumar and Mr. M.

Kumaresan, Advocates.

43 + CM(M) 1314/2025 & CM APPL. 43475/2025 MR. KANDASWAMY & ORS. .....Petitioners Through: Mr. Prateek Choudhary, Advocate through VC.

versus MR. MURUGESAN .....Respondent Through: Mr. Rajesh Kumar and Mr. M.

Kumaresan, Advocates.

44 + CM(M) 1352/2025 & CM APPL. 44455/2025 MR. KANDASWAMY & ORS. .....Petitioners Through: Mr. Prateek Choudhary, Advocate through VC.

versus MR. MURUGESAN & ORS. .....Respondents Through: Mr. Rajesh Kumar and Mr. M.

Kumaresan, Advocates for R-1.

Mr. Santosh Kr. Rout, SC for R-3.

CORAM:

HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

2. The present petitions have been filed by the petitioners under Article 227 of Constitution of India, 1950, assailing the common impugned order dated22ndOctober,2025,passedbythetrialcourtinCSDJNo.118/2019,CS DJ No. 1097/2018 and CS DJ No. 1117/2018, whereby the evidence of the petitioners has been closed.

3. I have heard learned Counsel for the parties and perused the record.

4. Learned Counsel for the petitioners submits that the evidence of the petitioners could not be tendered on 22nd October, 2024 as the Counsel of the petitioners/plaintiffs suffered a knee injury and was required to undergo surgery and therefore, it has been prayed that one more opportunity be granted to the petitioners to lead their evidence.

5. Per contra, learned Counsel for the respondents submits that the evidence of the petitioners has been closed after being granted several opportunities to the petitioners and that the present petition is nothing but a dilatory tactic to delay the proceedings.

6. Keeping in view the fact and circumstances of the case, this Court is of the opinion that it is in the interest of justice that one more opportunity be granted to the petitioners to complete their evidence, as the respondents can be compensated by way of costs. Accordingly, one more opportunity is granted to the petitioners to complete their evidence, subject to payment of costs of Rs. 5,000/- in each case to the respondents.

7. The present petitions are disposed of in above-stated terms, along with the pending application(s), if any.

RAJNEESH KUMAR GUPTA, J JANUARY 21, 2026/MR/ik

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