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april 2025

Delhi High Court · 2025-04-28

HARMUKHI JAIN vs MADHU BALA SAWAI

Citation / case number
CM(M)-761/2025 2025:DHC:3097
Court
Delhi High Court
Petitioner
HARMUKHI JAIN
Respondent
MADHU BALA SAWAI
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28th April, 2025 CM(M) 761/2025, CM APPL. 24858/2025, CM APPL. 24859/2025, CM APPL. 24860/2025 & CM APPL. 24861/2025 HARMUKHI JAIN .....Petitioner Through: Mr. Sushant Sagar, Advocate versus MADHU BALA SAWAI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending an eviction petition filed on the ground of bonafide requirement and is aggrieved by order dated 31.01.2025 whereby such eviction petition has been permitted to be restored. 2. When such eviction petition filed by respondent was taken up by learned Addl. Rent Controller on 28.07.2022, it noticed that landlord had not filed any reply to the application seeking leave to defend filed by his tenant. It also recorded that there was request for adjournment and time was sought for filing reply to such leave to defend application. However, learned Addl. Rent Controller, while declining to give any time, dismissed the petition in-default for non-prosecution. 3. Right here, this Court is compelled to observe that in case learned Addl. Rent Controller was of the view that landlord did not deserve any further opportunity