Rekha v. Krishna Devi

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 305/2025 & CM APPLs. 68637-68639/2025 REKHA .....Petitioner Through:

Mr. R.K. Naroola, Mr. Udayan Mukerji, Ms. Jaya Pahwa, Ms.

Tanya Vats, Ms. Ria Jain, Mr.

Sagar & Mr. Chandan Mishra, Advocates.

Versus

KRISHNA DEVI .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 28.11.2025 1.

The petitioner, who is the defendant in a civil suit [CS DJ ADJ 843/2021] pending before the District Court, South West, Dwarka Courts, has filed this petition against the order dated 19.07.2025, by which the Trial Court has framed issues in the suit. The grievance of the revisionist is that her request to treat two of the issues as preliminary issues has been declined 2.

In view of the proviso under Section 115(1) of Code of Civil Procedure, 1908, revisional jurisdiction is limited to cases where the order, if made in favour of the revisionist, would have resulted in final disposal of the suit or other proceedings.

3.

In the present case, even if the issue had been treated as a preliminary issue, such an order would not have resulted in disposal of C.R.P. 305/2025 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 01/12/2025 at 14:05:20

the suit.

4.

At this stage, Mr. R.K. Naroola, learned counsel for the revision petitioner, seeks leave to withdraw the revision petition with liberty to assail the impugned order in appropriate proceedings. 5.

The revision petition is therefore dismissed as withdrawn with liberty as aforesaid. All pending applications also stand disposed of. PRATEEK JALAN, J NOVEMBER 28, 2025 'pv/JM'/ C.R.P. 305/2025 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 01/12/2025 at 14:05:20