BRAHAM PRAKASH & ORS vs DAYA RAM

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08.05.2025 + C.R.P. 114/2017, CM APPL. 18288/2017, CM APPL. 32146/2017 BRAHAM PRAKASH & ORS .....Petitioners Through: Mr. K.C. Dubey, Mr. Uttakarsh Bhargava, Mr. Ajay P., Mr. R.K. Dagar, Advs. versus DAYA RAM .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. This Court had by its order dated 16.04.2025 passed the following directions: “2. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge the order dated 22.03.2017 passed by the learned ADJ-04, South- East, District Court South, Saket, New Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order VII Rule 11, CPC filed by the Petitioners has been dismissed. 3. The record reflects that by an order dated 12.10.2022, a Coordinate Bench of this Court had recorded the submission of the Petitioners that the matter is at the stage of Petitioners’ evidence before the learned Trial Court. The Coordinate Bench also directed the learned Trial Court to dispose of the matter as expeditiously as possible, preferably within six months. It is almost 2 ½ years since then. 4. Neither the learned Counsel for the Petitioners nor the learned Counsel for the Respondent appearing before the Court, are able to assist the Court. 5. The Petitioners shall file an Affidavit with respect to the status of the Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:10.05.2025 C.R.P. 114/2017 Page 1 of 3 19:25:55 proceedings before the learned Trial Court within two weeks from today.” 2. Learned Counsel for the Petitioners submits that the Respondent (Plaintiff before the lear