Disposed

Mrs Shashi Sharma & Ors. v. Mr Gaurav Sharma & Ors.

Delhi HC2 Apr 2025CM(M)/603/2025

Case brief

AI extract

What is this about?

Petitioners sought a time-bound disposal of their partition suit pending at plaintiff's evidence stage. Court declined, holding time-bound directions are improper absent exceptional reasons; only urged no unnecessary adjournments and disposed of the petition.

What did the court decide?

No direction granted; petition disposed with expectation of no unnecessary adjournments by Trial Court.

Mrs Shashi Sharma & Ors. Vs Mr Gaurav Sharma & Ors. — Partition | Delhi HC (2025)

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$~41

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 2^nd April, 2025

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- CM(M) 603/2025 & CM APPL. 19021/2025

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MRS SHASHI SHARMA & ORS.

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.....Petitioner

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Through: Ms. Charu Dalal with Mr. Amit Baisoya, Ms. Simran Johar, Advocates.

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versus

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MR GAURAV SHARMA & ORS.

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.....Respondent Through: None.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

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The petitioners filed a suit for partition.

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Earlier, the same was filed before this Court on its original side but with the change in pecuniary jurisdiction, the suit was transferred to District Courts.

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The limited request in the present petition is to the effect that the learned Trial Court may be requested to dispose of the same in a time-bound manner.

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When asked, it was informed by learned Counsel for petitioner that the case is at the stage of plaintiff’s evidence.

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No copy of any order passed by learned Trial Court, in the above said suit after it was transferred to District Courts, has been attached with the

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CM(M) 603/2025 1

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 3.04.2025 18:53:56

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present petition and, therefore, it is not possible to decipher as to what is the reason of the delay.

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Be that as it may, fact remains that Constitutional Courts should not issue time-bound directions for disposal of any such suit, unless there exists exceptional reasons.

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No such exceptional reason has been assigned, except that plaintiff is aged person.

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Be that as it may, this Court does not find any compelling reason to issue any direction. Nonetheless, it is expected that no unnecessary adjournment be given by the learned Trial Court, to ensure expeditious disposal.

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Petition, along with the pending application, stands disposed of in the aforesaid terms.

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A copy of this order be transmitted to learned Trial Court.

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(MANOJ JAIN) JUDGE

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APRIL 2, 2025/ sw/shs

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Signature Not Verified

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CM(M) 603/2025 2

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 3.04.2025 18:53:56

Mrs Shashi Sharma & Ors. v. Mr Gaurav Sharma & Ors.

Case brief

What is this about?

What did the court decide?

Mrs Shashi Sharma & Ors. v. Mr Gaurav Sharma & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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