IJAZ MOHD vs RAJEEV GUPTA (SINCE DECEASED) THROUGH LRS & ORS.

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th March, 2025 + CM(M) 2563/2024 & CM APPL. 28558/2024 IJAZ MOHD .....Petitioner Through: Mr. Biswajit Swain with Mr. Akhil Ganga, Advocates. versus RAJEEV GUPTA (SINCE DECEASED) THROUGH LRS & ORS. .....Respondent Through: Mr. V K Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending an eviction petition filed on ground of bonafide requirement. 2. The grievance in the present petition is with respect to order dated 12.03.2024 whereby the Court of learned Additional Rent Controller has disallowed the application moved by tenant under Section 151 CPC and, thereby, denied him to further cross examine PW-1. 3. Learned counsel for respondent has put in appearance already. 4. During course of arguments, Mr. Swain, learned counsel for the petitioner, reiterated that petitioner is merely limiting this present petition to permit him to cross examine PW-1 Ms. Sarika Gupta. 5. Learned counsel for respondents/landlord submits that though the petitioner has not disclosed any reason, much less a compelling one, for Signature Not Verified Digitally Signed CM(M) 2563/2024 1 By:SONIA THAPLIYAL Signing Date:18.03.2025 19:31:09 seeking any relief but in order to ensure that there is no further delay in eviction proceedings, respondents would have no objection if a last final opportunity is granted to them, subject to imposition of exemplary cost. 6. The next date before the learned Additional Rent Controller is stated to be 28.04.2025 and the eviction petition is, reportedly, fixed for respondent’s evidence, that day. 7. Keeping in mind the overall facts, in the interest of justice and also in view of gracious concession given by learned counsel for respondent, p