Praveen Kumar v. Neeraj Kant Singhal
$~70 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ PRAVEEN KUMAR .....Appellant Through:
Mr. Virendra Chaudhary, Advocate via video-conferencing.
versus NEERAJ KANT SINGHAL .....Respondent Through:
Mr. Manu Sishodia and Ms. Hina Rajput, Advocates alongwith respondent in-person.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 02.05.2025 CM APPL. 10469/2025 (early hearing) By way of the present application filed under section 151 of the Code of Civil Procedure 1908 ('CPC'), the appellant seeks early hearing of the appeal.
2.
In view of the appeal having been taken-up for hearing today, the application is disposed-of as infructuous.
CM APPL. 8622/2025 (condonation of delay) 3.
By way of the present application filed under section 151 CPC, the appellant seeks condonation of 106 days' delay in filing the present appeal.
4.
In view of the order that the court proposes to pass, the application is allowed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
The appeal is taken on Board.
6.
The application stands disposed-of.
CM APPL. 8621/2025 (stay) 7.
By way of the present application filed under section 151 CPC, the appellant seeks stay of impugned judgment and decree dated 11.07.2024.
8.
In view of the order that the court proposes to pass, the application is disposed-of.
9.
In view of what was recorded in order dated 13.02.2025, and the submissions made as noted in order dated 20.02.2025, by consent of learned counsel appearing for the parties, who submit that they have requisite instructions in this regard, the impugned judgment and decree dated 11.07.2024 is set-aside; and the matter is remanded back to the learned trial court to decide it on merits, in accordance with law.
10.
Mr. Manu Sishodia, learned counsel appearing for the respondent submits, that the appellant has been in use and occupation of the suit property since 01.03.2023; and has been enjoying the property without making any payment since January 2024. 11.
In view of the above, the learned trial court is requested to decide the matter expeditiously and preferably within 01 year from the date of first listing after remand.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
It is further clarified that consequent upon the remand order, the appellant shall have the right to file the written statement within 30 days from today.
13.
The appeal stands disposed-of in the above terms. 14.
Pending applications, if any, also stand disposed-of. 15.
The date of 05.08.2025 given earlier, stands cancelled. ANUP JAIRAM BHAMBHANI, J MAY 2, 2025 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.