High CourtsSingle Bench(2025) 05 DEL CK 1725

Monty vs Subhash Kumar

Delhi High Court · Decided on 28 May 2025

HON’BLE JUDGES
Tara Vitasta Ganju, J
RESULT
Dismissed
CASE NUMBER
C.R.P. 167/2025 & CM APPL. 33739-33741/2025

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Judgment

11 paragraphs · 219 words

TARA VITASTA GANJU, J.: (Oral)

CM APPL. 33740/2025 [Condonation of delay]

1.

This is an Application filed on behalf of the Petitioner seeking condonation of delay of 24 days in filing the present Petition.

2.

For the reasons as stated in the Application, the delay is condoned.

3.

The Application stands disposed of.

C.R.P. 167/2025, CM APPL. 33739/2025[Stay] & CM APPL. 33741/2025

[Exemption from filing complete Trial Court Record]

4.

The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 08.01.2025 passed by learned ACJ, West, Tis Hazari Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order VII Rule 11 of the CPC filed by the Petitioner has been dismissed by the learned Trial Court.

5.

After some arguments, learned Counsel for the Petitioner seeks and is granted permission to withdraw the present Petition. The liberty is however granted to the Petitioner to agitate all his contentions before the learned Trial Court. The rights and contentions of both the parties are left open in this behalf.

6.

The Petition is dismissed as withdrawn. All pending Applications stand closed.

7.

The parties shall act based on the digitally signed copy of the order.