$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010429832026 + CM(M) 2001/2026, CM APPL. 61662/2026 & CM APPL. 61663/2026 RAJ KUMAR GOYAL .....Petitioner Through: Mr. Tushar Sharma, Advocate. versus ANIL GUPTA .....Respondent Through: In person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 10.09.2026 1. Through the present petition the petitioner/plaintiff prays that this Court direct the learned Trial Court to expeditiously decide the applications under Order VI Rule 17 of the Code of Civil Procedure, 1908 (“CPC”), Order VIII Rule 1 A (3) of the CPC and under Section 151 of the CPC moved by the respondent/defendant in Civ DJ 846/2024 titled “Raj Kumar Goyal v. Anil Gupta” and to further direct the learned Trial Court to thereafter to proceed with the trial in a time bound manner. 2. The facts emerging from the record are as follows, in 2024 the petitioner instituted a suit for possession, permanent injunction and recovery of arrears of rent, etc. arising out of the admitted landlord-tenant relationship between the parties. 3. During the pendency of the proceedings, the petitioner filed an This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:50:07 application under Order XV A of the CPC seeking to recover arrears of rent and occupation charges during the pendency of the proceedings from the respondent. 4. The learned Trial Court vide order dated 16.07.2025 allowed the said application of the petitioner and directed the respondent to pay arrears of rent and occupation charges. The directions given by the learned Trial Court vide order dated 16.07.2025 read thus: “In view of above discussion, the plaintiff is found entitled to receive arrears of rent for period from March 2024 to September 2024 @ Rs.45,000/- per month, to mesne profits/ occupation charges for period from October 2024 and onwards at the same rate. Hence, it is hereby directed that the defendant shall pay a total amount of Rs.6,30,000/-, towards arrears of rent from March 2024 to September 2024 and mesne profits/ occupation charges from October 2024 to June 2025 i.e. up to month preceding passing of this order (for a total period of 16 months @ Rs.45,000/- per month minus Rs.90,000/-, security deposited by the defendant with the plaintiff), to the plaintiff within 30 days from today and to continue to pay the mesne profits/ occupation charges to him in future @ Rs.45,000/- per month by 1st day of every succeeding month e.g. mesne profits/ occupation charges of July 2025 is payable by 1st August 2025, till handing over possession of the suit property to the plaintiff. The application stands disposed off in above terms.” 5. The respondent moved this Court in CM(M) 1748/2025 titled “Anil Gupta v. Raj Kumar Goyal” assailing the order dated 16.07.2025. This Court vide order dated 09.09.2025 clarified that there was no stay on the operation of the order dated 16.07.2025. The petition remains pending before this Court. 6. At this juncture, the respondent has still not made payments in compliance with the order dated 16.07.2025 and the learned counsel for the petitioner brought this to the notice of the learned Trial Court. Accordingly, the learned Trial Court vide order dated 14.11.2025 directed the respondent to comply with the order dated 16.07.2025. The relevant directions are This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:50:07 reproduced hereunder: “In view of above submissions and considering the fact that the defendant has challenged the order of this Court dated 16.07.2025, before the Hon’ble High Court, the defendant is hereby directed to comply with the order dated 16.07.2025 so as to deposit the amount of arrears of rent and mesne profits/ occupation charges, before this Court by NDOH.” 7. Yet again, on 02.12.2025 the learned Trial Court recorded submissions of the learned counsel for the petitioner to the effect that the respondent had not paid the arrears of rent. The relevant portion of the order dated 02.12.2025 reads thus: “Ld. Counsel for plaintiff has stated that the defendant has not paid the arrears of rent despite being directions vide order dated 16.07.2025, therefore, his defence shall be struck off. At request, put up for consideration on 08.01.2026.” 8. Meanwhile, the respondent filed applications under Order VI Rule 17 of the CPC and Order VIII Rule 1A (3) of the CPC. 9. On 08.01.2026, the learned counsel for the petitioner informed the leaned Trial Court again about the non-compliance of the respondent with the order dated 16.07.2025. The relevant submissions recorded in the said order read thus: “At this stage, Ld. Counsel for the plaintiff has stated that so far the defendant has not paid/ deposited any amount towards arrears of rent/ mesne profit/ occupation charges in compliance of orders dated 16.07.2025 and 14.11.2025 and has urged that in view of provision u/o XV-A CPC defence of the defendant be struck off. In view of above submission, as per compliance of order XV-A CPC the defendant is hereby directed to show cause by NDOH as to why his defence should not be struck off. Put up for consideration/ arguments on 04.02.2026 at 12:00 PM.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:50:07 10. On 04.02.2026 the learned Trial Court heard part arguments on pending applications, while noting that the respondent filed an application under Section 151 of the CPC seeking modification of order dated 16.07.2025. 11. At the next date of hearing being 14.03.2026, the learned Trial Court heard part final arguments on the said application under Section 151 of the CPC. The relevant portion of the aforesaid order is reproduced hereunder: “Further part arguments heard on pending application u/s 151 CPC. Put up for further arguments on the above-said application as well as on other applications on 01.04.2026 at 02:00 PM.” 12. Subsequently, on 01.04.2026 the learned Trial Court further heard arguments on the pending applications. The relevant potion of the said order reads thus: “Further arguments heard on pending applications. Put up for clarification, if required/ order on 13.04.2026 at 02:00 PM. In the meantime, parties are at liberty to furnish case laws in support of their contentions.” 13. The learned Trial Court vide the order dated 13.04.2026 put up the matter for clarification and if required, for order. The relevant portion of the aforesaid order is reproduced hereunder: “Put up for clarification, if required/ order on 29.04.2026 at 02:00 PM.” 14. Likewise, on 29.04.2026 the matter was put up for clarification and if required, for order. The relevant portion of the order reads thus: “Put up for clarification, if required/ order on 14.05.2026 at 02:00 PM.” 15. The same order was passed again at the next date of hearing. The relevant portion of the order dated 14.05.2026 is reproduced hereunder: “Put up for clarification, if required/ order on 01.06.2026 at 02:00 PM.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:50:07 16. Similarly, the learned Trial Court vide order dated 01.06.2026 put up the matter for clarification and if required, for order. “Put up for clarification, if required/ order on 11.07.2026 at 02:00 PM.” 17. On 11.07.2026, the learned Trial Court, yet again, put up the matter for clarification and if required, for order. The relevant portion of the aforesaid order reads thus: “Put up for further clarification, if required/ order on 22.07.2026 at 02:00 PM” 18. Mr. Tushar Sharma, the learned counsel for the petitioner submits the learned Trial Court even after having heard detailed arguments on the applications has repeatedly adjourned the matter for pronouncement of orders and several months have lapsed but no orders have been pronounced on the aforesaid applications. 19. It is further submitted that despite a favourable order dated 16.07.2025, the petitioner has been deprived of the benefit thereof due to the continued failure of the learned Trial Court to pronounce orders on the aforesaid applications. 20. Heard. Perused the record. 21. This Court is of the considered view that these repeated adjournments merely for the pronouncement of orders, has needlessly halted the underlying proceedings, which has in turn led to severe prejudice being caused to the petitioner. 22. In view thereof, this Court deems it appropriate to direct the learned Trial Court to dispose of the pending applications of the respondents i.e., applications under Order VI Rule 17 of CPC, Order VIII Rule 1 A (3) of the CPC and Section 151 of the CPC, within a period of two weeks from today. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:50:07 Thereafter, the learned Trial Court is directed to proceed with the trial as expeditiously as possible. 23. In view of the above, nothing further survives for adjudication in present petition. 24. Accordingly, the present petition, along with pending applications, if any, stands disposed of. AJAY DIGPAUL, J SEPTEMBER 10, 2026 Sk/as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 15:50:07