Smt. Ragini v. Smt Madhulika Goel & ORS.
$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1116/2025 & CM APPL. 37911-37912/2025 SMT. RAGINI .....Petitioner Through:
Mr. Lalit Kumar, Advocate versus SMT MADHULIKA GOEL & ORS.
.....Respondent Through:
Mr. Mohd Zahid, Ms. Mukul Kumar and Ms. Hemlata, Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 29.08.2025 1.
Petitioner herein had filed a suit for specific performance. 2.
Such suit was earlier dismissed-in-default and, though, it was restored subsequently but the plaintiff was also burdened with cost of Rs. 30,000/-. 3.
Plaintiff sought waiver of the cost but such application was dismissed by the learned Trial Court vide order dated 20.03.2025 and challenging the imposition of cost, the present petition has been filed. 4.
Petition was taken up by this Court on 03.07.2025 when notice was directed to be issued.
5.
Fact, however, remains that learned counsel for the petitioner submits that prior to the date when this matter was taken up by this Court on 03.07.2025, the learned Trial Court had already taken up the matter on 28.05.2025 and dismissed the suit on account of non-payment of cost. 6.
In view of the above, the present petition has become infructuous. 7.
Petitioner, who is plaintiff before the learned Trial Court, should have CM(M) 1116/2025 1 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 01/09/2025 at 11:58:26
rather kept the track of the matter of his own suit and should have apprised this Court about the aforesaid development dated 28.05.2025 when this Court had taken up the matter on 03.07.2025.
8.
Be that as it may, in view of the fact that the suit has already been dismissed on 28.05.2025, the present petition is disposed of as having become infructuous.
9.
All rights and contentions of the parties are, however, reserved. 10.
Pending applications also stand disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 29, 2025/dr/js CM(M) 1116/2025 2 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 01/09/2025 at 11:58:26