Ajay Yadav v. Capital Land Builders & ORS.

$~17 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 909/2023 & CM APPL. 28842/2023 AJAY YADAV .....Petitioner Through:

None versus CAPITAL LAND BUILDERS & ORS.

.....Respondent Through:

Ms. Himani Aggarwal, Advocate for R-1 Mr. Vivek Sharma, Advocate for R-2 Mr. K.G. Gopalakrishnan, Ms. Nisha Mohandas and Mr. Kunwar Raj Singh, Advocates for R-3 Ms. Astha Gupta and Ms. Tulika Kamra, Advocates for GNCTD + CM(M) 1015/2023 & CM APPL. 33118/2023 SH S S BHORA .....Petitioner Through:

Mr. Vivek Sharma, Advocate versus CAPITAL LAND BUILDERS PVT. LTD. & ORS.

.....Respondent Through:

Ms. Himani Aggarwal, Advocate for R-1 Ms. Astha Gupta and Ms. Tulika Kamra, Advocates for GNCTD

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 28.04.2025 1.

Learned counsel for respondent no. 1/ Capital Land Builders Pvt. Ltd. submits that as per the instructions and in order to avoid any further delay in 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 30/04/2025 at 15:53:54 CM(M) 909/2023 & CM(M) 1015/2023 1

their own suit, they would have no objection if both the aforesaid petitions are allowed and written statement of both the defendants i.e. Mr. Ajay Yadav and Mr. S.S. Bhora are directed to be taken on record. 2.

This Court has gone through the impugned order dated 19.01.2023 whereby the written statements filed by defendant no. 1 and defendant no. 2 were directed to be taken off the record.

3.

Suit in question is a regular suit which seeks declaration, permanent and mandatory injunction. Admittedly, the suit is not commercial in nature. 4.

Keeping in mind the overall facts of the case and the gracious concession given by learned counsel for respondent no. 1/ Capital Land Builders Pvt. Ltd. herein, both the petitions are disposed of with the direction that the written statements filed by the said defendants shall be deemed to be on record.

5.

Since matter has already delayed considerably, learned Trial is requested to proceed further with the matter and to make best endeavour to dispose of the suit, as expeditiously as possible. 6.

Pending application also stands disposed of.

MANOJ JAIN, J APRIL 28, 2025/dr/shs 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 30/04/2025 at 15:53:54 CM(M) 909/2023 & CM(M) 1015/2023 2