Anguished over delay of more than 19 years in a case of property dispute between a man and his bed-ridden mother, a Delhi court has appointed a local commissioner for cross-examination of the aged woman saying “manoeuvring tactics” of the son cannot be permitted.
Noting that the 84-year-old woman has not being cross examined by the counsel for the plaintiff son despite repeated opportunities, the court gave a last chance to the man saying local commissioner shall execute the commission for witness Kuljit Thakore’s examination at her residence on April 18.
Additional District Judge Kamini Lau was anguished over the conduct of plaintiff Varun Thakore, saying his sole attempt was to delay the cross-examination of his mother, a senior citizen confined to bed and a defendant in the case.
“The intent apparently is to frustrate the surviving defendant (Kuljit) and also to delay her cross-examination, being fully aware that given her medical condition and age she may not survive for long.
“This being the background, no more of these manoeuvring tactics can be permitted. Sufficient opportunity had been given to the plaintiff to cross examine the defendant and they have chosen not to cross examine her. The case has already been delayed for more than almost 19 years and cannot be permitted to be delayed further,” the court said.
Advocate Rajneesh Antil has been appointed as local commissioner and his fees would be paid by the woman’s son. The court said in case of any objections, being raised during the cross examination of the witness, the local commissioner shall record it.
The court also imposed a cost of Rs 5,000 on the son to be given to the mother.
The court was hearing the suit for partition and permanent injunction which was filed by the woman’s son in 1996 against her and her husband claiming their right in the couple’s Dayanand Vihar property in east Delhi.
The suit was initially filed before the Delhi High Court and later transferred to the trial court after enhancement of pecuniary jurisdiction.
During pendency of the case, the woman’s husband D P Thakore died and she has been suffering with multiple ailments became totally bed-ridden and immobile.