CM(M) 1133/2021

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CM(M) 1133/2021 and CM 44415/2021 (stay)

HARPREET SINGH BATRA

..... Petitioner

Through:

Mr.

Kunal

Sinha

&

Mr.

Sarthak Sharma, Advs

versus

KARMAWALI (DECEASED) & ORS.

..... Respondents

Through:

Mr. Abhay Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT (ORAL)

%

13.07.2022

1.

The impugned order dated 5^th October 2021, passed by the

learned Additional District Judge (“the learned ADJ”) in CS

7298/2016 (Karmawali & Anr. v. Harpreet Singh Batra & Ors.) allows

an application preferred by the respondents (the plaintiffs before the

learned ADJ) for reopening of the evidence of DW-3, specifically for

the purpose of enabling the respondents to further cross-examine DW-

3.

2.

Given the nature of the controversy, it is not necessary to refer

to the factual matrix in which the disputes between the parties arose.

One may start the recital of facts, therefore, with 23^rd May 2007, when

issues were framed in CS 7298/2016, in which the petitioner was the

defendant and the respondents were the plaintiffs.

3.

Thereafter, recording of evidence commenced. Four witnesses

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002672

CM(M) 1133/2021

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(PWs) were cited by the respondent, three of whom expired. The

fourth was examined and cross-examined and recording of his

evidence was concluded on 29^th August 2017.

4.

Thereafter, recording of the evidence of the petitioner‟s

witnesses (DWs) commenced. The petitioner cited five DWs. Of the

five, DW-1 expired and DW-2 was dropped by the petitioner.

5.

DW-3, DW-4 and DW-5 were cross-examined, after they filed

their respective affidavits in evidence and affirmed the affidavits in

evidence in examination-in-chief.

6.

DW-3 filed his affidavit in evidence on 6^th October 2017. He

was cross-examined by the respondents on 6^th February 2018, 15^th

October 2018, 19^th October 2018, 22^nd January 2019, 29^th January

2019, 13^th February 2019 and 18^th April 2019. The matter was listed

for further cross-examination of DW-3, by the respondents, on 15^th

July 2019.

7.

In the interregnum, on 19^th November 2018 and 12^th December

2018, the recording of evidence of DW-4 was concluded.

8.

On 15^th July 2019, the following order came to be passed by the

learned ADJ.

“CS NO. 7298/16

KARMAWALI AND ANR Vs. HARPREET SINGH

BATRA ORS.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002672

CM(M) 1133/2021

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15.07.2019

Present:

Sh. Rakesh Kumar Sharma, counsel for

plaintiff.

Sh. Kunal Sinha, counsel for defendant no. 1 to

11 with DW -3.

None for defendant no. 13/DDA.

None for other defendants.

DW-3 is present for further cross examination.

Counsel for plaintiff has filed fresh V/N and

also filed the application for Inspection of court file

und seeks some time for cross examination of witness

on the ground of recent engagement. This case falls in

the category of more than ten years old matters.

Perused the curlier order-sheets. Last cross

examination was conducted on 18.04.2019. Cross

examination of DW-3 has been carried out extensively

over a period of time and on a number of dates.

Counsel for plaintiff submits that in view of recent

engagement and without inspection of the court file, he

is unable to cross examine the witness. There was no

reason for delay in engagement or change of counsel if

so desired by the plaintiff. Counsel for defendant no. 1

to 11 submits that there is no other witness to be

examined on behalf of defendant no. 1 to 11. One

opportunity is granted to the plaintiff for next date of

hearing subject to cost of Rs. 10,000/- to be paid to

defendant no. 1 to 11.

Some contempt petition is stated to be pending

before Hon'ble High Court. Let the clarification be

provided on next date of hearing for the same also. Put

up on 01.08.2019.

Parties a