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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25^thMarch, 2026 Date of Decision: 01^st April, 2026 + CM(M) 398/2026 NARINDER KHULLAR .....Petitioner Through: Mr. Prateek and Ms. Yakshi Kataria, Advocates.

versus PARAM DEV CHOPRA .....Respondent Through: Mr. Tejas Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

1. The present petition has been filed by the petitioner under Article 227 oftheConstitutionofIndia,1950,assailingtheorderdated03^rdJanuary,2026 passed by the learned trial court in RC ARC No. 5135/16, whereby the case which had been reserved for judgment by the learned trial court (hereinafter referredtoasthe‘learnedpredecessorjudge’),wasreleasedfromthestageof judgment.

2. I have heard the learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner submits that once the case has been heard and reserved for judgment by the trial court, the same could not have been released fromthe stage of judgment.Learned counsel further reliesupon the transfer order bearing No. 41/DHC/Gaz/G-7/VI.E.2(a)/2025 dated 17^th October, 2025, issued by the learned Registrar General of this Court. It is submitted that the case had been reserved for judgment by the learned predecessor judge prior to the issuance of the said transfer order. However, the learned predecessor judge, without pronouncing the judgment as required under the said transfer order, transferred the case to learned successor judge. It is contended that any rehearing of the case would result in undue delay in the adjudication of the case and would cause grave prejudice to the petitioner.

Learned Counsel for the respondent also submits that he has no objection if the case is placed before the learned predecessor Judge, who had heard the final arguments, for the purpose of pronouncement of judgment.

4. A perusal of the record shows that the case was reserved for judgment on 17^th September, 2025 after conclusion of the final arguments on 20^th August, 2025 by the learned predecessor judge. The case was thereafter repeatedly listed for pronouncement of judgment on 13^th October, 2025, 25^th November, 2025, 26^th December, 2025 and 3^rd January, 2026, however, the judgment was not pronounced.

5. The impugned order was passed on 3^rd January, 2026, which reads as follows:

“The matter is listed for pronouncement of judgment. On perusal of the record, it appears that certain clarifications are necessary for proper adjudication from both the sides for proper and complete adjudication of the issues involved. The Court is of the considered view that the matter cannot be finally disposed of at this stage without hearing further arguments, particularly on the points which arise from the record and which have a bearing on the final outcome. However, this Court is presently not in a position to hear further arguments in the matter, since the undersigned has been transferred from the Court where the matter was heard and thereafter reserved for judgment. Accordingly, the present case is released from the stage of judgment.

Let the complete file be sent back to the concerned Court for further proceedings for 12.01.2026.”

6. It is also pertinent to note that the learned predecessor Judge was transferred vide transfer order dated 17^th October, 2025, issued by learned Registrar General of this Court. The relevant portion thereof is reproduced as under:

“HIGH COURT OF DELHI: NEW DELHI No. 41 /DHC/Gaz/G- 7/VI.E.2(a)/2025 Dated: 17 October, 2025

ORDER

Hon'bletheChiefJusticeandHon'bleJudgesofthisCourthave been pleased to make the following postings/transfers in the Delhi Judicial Service with immediate effect:-

1.The judicial officers shall be under the control ofthePrincipal District & Sessions Judge of the district, to which they have been allocated.

2. The judicial off