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RC.REV./292/2023 of SH. BHARAT TYAGI (SINCE DECEASED)THROUGH LRS Vs SH. K.K. BHATIA

Court
Delhi High Court
Decision date
2024-08-30
Bench
ANISH DAYAL
Case number
86 of 2018

Parties

Cites (3)

Statutes cited (4)

Full text

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 292/2023

SH. BHARAT TYAGI (SINCE DECEASED)

THROUGH LRS

.....Petitioner

Through: Mr. Varun Tyagi, Mr. Bharat Gupta, Mr. Ishar Srivastava, Advocates

versus

SH. K.K. BHATIA

Through:

.....Respondent

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAINO R R06.08.2024

1.The present petition is filed under section 25B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as „the Act‟) on behalf of the petitioner to impugn the order/judgment dated 24.07.2023 passed by the court of Sh. Mayank Goel, ACJ/CCJ/ARC, West District, Tis Hazari Courts, Delhi in eviction petition bearing RC ARC no.86/2018 titled as Bharat Tyagi V K. K. Bhatia whereby the application for leave to defend filed by the respondent/tenant was ordered to be allowed.

2.The petitioner (now represented through LRs) filed an eviction petition bearing RC ARC no.86/2018 titled as Bharat Tyagi V K.K. Bhatia under section 14(1)(e) read with section 25-B of the Act and the respondent after service of summons as per the Third Schedule of the Act filed an application for grant of leave to defend which was allowed vide order dated 24.07.2023. The petitioner being aggrieved filed the present petition.

3.During the course of the arguments, Mr. Varun Tyagi, Advocate for the petitioner stated that since the trial has been commenced before the trial court, the present petition can be disposed of with the direction to the trial court to conclude the trial arising out of the eviction petition bearing RC ARC no.86/2018 preferably within period of 06 months from the date of receipt of this order.

4.Accordingly, the present petition is disposed of with the direction to the trial court to conclude the trial arising out of the eviction petition bearing RC ARC no.86/2018 preferably within period of 06 months from the date of receipt of this order.

5.It is expected that the petitioner and the respondent shall cooperate in the early conclusion of the trial and shall not be seeking any adjournment without any justified ground.

AUGUST 6, 2024j/ak

DR. SUDHIR KUMAR JAIN, J