BALVINDER SINGH BEDI & ANR Vs. AMIT CHADHA

JUDGEMENT

(1.) Learned Senior Counsel for the petitioner has argued that the impugned order of eviction passed by the trial Court dated 22.08.2015 has been passed without hearing any arguments of the petitioner and hence the order is vitiated. He has pointed out that on 15.4.2015 an adjournment was sought by the respondent to withdraw the petition. He relies on order dated 15.4.2015, 8.5. 2015 and 19.5.2015. He submits that on 19.5.2015 the matter was adjourned to 15.9.2015 for withdrawal. However, an early hearing application was filed by the respondent which was taken up on 18.8.2015 and thereafter the matter has been disposed of on 22.8.2015 based merely on the written arguments of the parties.

(2.) Learned counsel for the respondent has vehemently argued that it is an old matter filed in 2010 and needlessly being delayed. He submits that on 22.8.2015 it was the submission of the petitioner that they will rely on their written submissions. Hence, based on the written submissions filed by the parties, the trial Court has passed judgment on the same.

(3.) Perusal of the order-sheet reveals that at no stage arguments have been completed by the parties. In fact, this contention is admitted by the learned counsel appearing for the respondent inasmuch as he states that the order has been passed based on the written submissions filed by the parties.