SURESH KUMAR Vs. SHARDHA AHUJA

JUDGEMENT

(1.) The challenge in this petition, under Article 227 of the Constitution, is to an order dated 13.05.2019 by which the application of the petitioner herein to advance oral arguments has been rejected.

(2.) The petitioner herein is the respondent in the eviction proceedings before the Trial Court. By an order dated 10.04.2019, keeping in mind the convenience of counsel on both sides, the Trial Court fixed the case for respondent's evidence on 15.04.2019 at 11:30 am. The Court recorded that the present matter was one of the oldest matters pending in the Court and that it was inclined to dispose of it, as early as possible. The order recorded that a last opportunity was given and the evidence would be closed if the respondent did not lead the evidence on that date.

(3.) When the matter was taken up on 15.04.2019, the respondent's evidence was concluded, and it was initially directed that the matter would be kept for final arguments on 29.04.2019. However, at the request of learned counsel for the petitioner herein, the matter was taken up again and the date of 29.04.2019 was changed to 07.05.2019, at his request. It was once again recorded that the matter was listed for arguments, giving last and final opportunity to both the parties and that in the absence of arguments being advanced on that date, the matter would be fixed for orders. The orders of the Trial Court dated 15.04.2019 is reproduced below:- <FRM>JUDGEMENT_237_LAWS(DLH)5_2019_1.html</FRM>