In a petition filed before the Delhi High Court under Article 227 of the Constitution to challenge an order dated 03-01-2026 by the Trial Court whereby the case, which had been reserved for judgment, was released from the stage of judgment, a Single Judge Bench of Justice Rajneesh Kumar Gupta set aside the impugned order and directed the matter to be transferred to the predecessor judge for pronouncement of judgment.
The petitioner submitted that once a case had been heard and reserved for judgment by the trial court, it cannot be released from the judgment stage. Referring to a transfer order dated 17-10-2025 issued by the Registrar General, the petitioner asserted that the judgment had been reserved before the issuance of the said order and that the predecessor judge had transferred the case to the successor judge without pronouncing the judgment as required.
By the impugned order, it was stated that certain clarifications were necessary for properly adjudicating the issues involved and that the matter could not be finally disposed of without hearing further arguments.
The Court noted that the case was reserved for judgment on 17-09-2025, following the conclusion of final arguments on 21-08-2025, by the predecessor judge. Thereafter, the case was repeatedly listed on four occasions, but the judgment was not pronounced.
The Court found it evident that the predecessor judge had reserved the case for judgment for around four months, and stated that the predecessor judge’s observation regarding the need for further argument was not justified, as the case had remained reserved for a considerable period. Further, it was stated that the release of the case from final judgment and its return to the successor judge were contrary to the transfer order as well as to settled principles of law.
Thus, the Court set aside the impugned order and opined that the predecessor judge ought to pronounce the judgment in the said case. While disposing of the present matter, the Court directed the case to be transferred from the court of Senior Civil Judge-cum-Rent Controller, South East, Saket Courts, New Delhi, to the court of the predecessor judge posted as CJM, Shahdara, Karkardooma Courts, Delhi, for pronouncing the judgment.
Appearances:
For Petitioner – Mr. Prateek, Ms. Yakshi Kataria
For Respondent – Mr. Tejas Singh
