Delhi HC imposes cost on brothers for filing frivolous petitions

The Delhi High Court has imposed Rs 75,000 cost on two brothers involved in a property dispute case pending for the past 18 years, saying no mercy can be shown to litigants filing frivolous applications.

New Delhi: The Delhi High Court has imposed
Rs 75,000 cost on two brothers involved in a property dispute
case pending for the past 18 years, saying no mercy can be
shown to litigants filing frivolous applications in courts to
delay judicial proceedings.

"No mercy should be shown to such type of litigants who
have no other work but just to waste the time of different
courts and create obstruction in the smooth functioning of the
judicial system," said Justice V B Gupta in a judgement while
dismissing an application filed by Hansraj Sharma and his
brother Hemraj who have been fighting the civil suit after his
father`s death.

"Keeping in view the conduct of the petitioners that they
still do not want the suit instituted about 18 years ago,
to reach its ultimate destination must be made to pay heavy
costs for filing frivolous and bogus applications", the Court
also said.

Observing that the petitioners have not only wasted the
precious time of this court, the court said at regular
intervals they have been wasting the time of the trial court
also creating obstruction at every stage.

"Petitioners also made false allegations against the
trial judge by filing false and frivolous transfer
application, which was rightly dismissed by the District
Judge...," the court said.

Justice Gupta came down heavily on Sharmas for filing
application after application at every stage while stating
"even though orders of the trial court are based on sound
reasoning. Moreover, petitioners have tried to mislead this
court also by filing wrong synopsis and incorrect dates of
events".

The court directed the Sharma brothers to deposit the
money with the Registrar General of High Court within four
weeks and listed the matter for compliance on October 7. PTI

PTI