NARGIS vs RAJESH PAHADIYA

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th March, 2025 + CM(M) 219/2025 & CM APPL. 6734/2025 NARGIS .....Petitioner Through: Mr. Jayant Pawar, Advocate (through V.C.) versus RAJESH PAHADIYA .....Respondent Through: Mr. Abhishek Rai, Advocate. (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Learned counsel for respondent/plaintiff appears through video conferencing. 2. The issue raised in the present petition is a very short. 3. Petitioner is defending a suit for possession. 4. During trial, PW1 Sh. Rajesh Pahadiya (plaintiff himself) entered into witness box and was even cross-examined in part. Thereafter, his cross-examination was deferred and he was asked to bring certain documents, as demanded by the opposite counsel. However, when the witness appeared with the abovesaid documents, no cross-examination was conducted and, eventually, the cross-examination was closed on 20.02.2024. Subsequently, when an application was moved seeking recall of the abovesaid order, such application was dismissed on 01.04.2024. 5. These orders are under challenge. Signature Not Verified Digitally Signed CM(M) 219/2025 1 By:SONIA THAPLIYAL Signing Date:28.03.2025 12:06:57 6. When asked, learned counsel for the petitioner/defendant informed that thereafter, respondent/plaintiff examined two more witnesses and these witnesses were duly cross-examined by petitioner/defendant. 7. The case is, reportedly, at the stage of DE and though Smt. Nargis (petitioner/defendant) has filed her evidence by way of affidavit, she is yet to enter into witness box for cross-examination. 8. Learned counsel for the respondent/plaintiff submits that though the present petition lacks any merit, in order to ensure that there is no further delay in disposal