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High Court of DelhiCS(OS)/2382/2007

Dr. Pushpalata And ANR. v. Ram Das Huf & ORS.

2025-01-23Hon'Ble Mr. Justice Jasmeet Singh2 pages

$~O-25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2382/2007 DR. PUSHPALATA AND ANR.

.....Plaintiffs Through:

Mr.Rajat Manchanda, Ms.Megha, Ms.Aditi and Ms.Sakshi, Advocates.

versus RAM DAS HUF & ORS.

.....Defendants Through:

Mr.Rikky Gupta and Ms.Ananya Singh, Advocates for D-3 and 4.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 05.05.2025 I.A. 10708/2025 (by D-3 and 4 under Order XIII Rules 7 and 9 r/w Section 151 of CPC) 1.

The suit has already been disposed of vide judgment and decree dated 23.01.2025, and is taken up on I.A. 10708/2025, an application filed on behalf of defendant nos.3 and 4, seeking for the return of the original documents, which were produced during the pendency of the trial. 2.

Heard learned counsel appearing on behalf of the parties. 3.

The instant application is strongly opposed by Mr. Rajat Manchanda, learned counsel for the plaintiffs, who contends that if the documents are allowed to be handed over to the applicant, the applicant may create third party rights or even dispose of the property. He also contends that an appeal is pending before the Division Bench of this Court. 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 07/05/2025 at 14:31:29

4.

Since, the photocopies of the requested documents are already on record, the Court does not find any impediment in allowing the said application as the suit has already been decided. Therefore, the instant application stands allowed, reserving all rights and contentions of parties, if they intend to raise in pending appeal.

5.

Let the original documents filed by defendant nos.3 and 4 be returned to the authorized representative/counsel of the said defendants. 6.

The application stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J MAY 5, 2025 Nc/sph Click here to check corrigendum, if any 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 07/05/2025 at 14:31:29