SOM DUTT SHARMA AND ORS vs MUNNI LAL AND ORS

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th May, 2025 + CM(M) 858/2025 & CM APPL. 27529-27530/2025 SOM DUTT SHARMA AND ORS .....Petitioners Through: Mr. Vipin Nandwani, Advocate. versus MUNNI LAL AND ORS .....Respondents Through: Mr. Arvind Kumar Gupta with Mr. Abhiesamat Gupta and Mr. Arun Bhattacharya, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners herein are the tenants who are aggrieved by order dated 12.02.2025 whereby it has been observed that since RW-1 – Sh. Som Dutt Sharma has not appeared for his cross-examination and since the matter is at such stage for last five years, his evidence-in-chief would not be read and his right to enter into witness box has also been closed. 2. An application was moved by the tenants for recalling of abovesaid order and such application has also been dismissed vide order dated 25.03.2025. 3. Such orders are under challenge. 4. Learned counsel for the respondents/landlords appears on advance notice and submits that the only intent and objective of the tenants is to delay the proceedings, on one pretext or the other. He submits that there is no reason, whatsoever, to interfere with the impugned order as learned Rent Signature Not Verified Digitally Signed CM(M) 858/2025 1 By:SONIA THAPLIYAL Signing Date:07.05.2025 15:52:22 Controller has, categorically, observed that despite the fact that the case remained at the stage of examination of RW-1 for five years, there was no endeavour from the side of the tenants to ensure completion of such examination. 5. It is also informed that the learned Rent Controller has also dismissed their one other request whereby tenants were seeking amendment in the written statement and against such dismissal, the tenants have filed an ap