Rishi Marwah Vs Meghna Marwah & Anr. — Delhi HC (2025) — LawSathi Research

Rishi Marwah Vs Meghna Marwah & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the petition; petition and accompanying applications dismissed as withdrawn with liberty as sought, i.e., liberty to file a fresh suit for recovery of possession of the immovable property and other reliefs.

Issue for consideration

Whether the learned trial court's order dated 16.09.2025 dismissing the petitioner/plaintiff's application to amend the prayer clause of the suit (so as to add relief of recovery of possession of the immovable property) ought to stand, given the alleged absence of pleadings of cause of action to seek recovery of possession.

Court's answer

Acting on learned counsel's submission (given on instructions) that the petitioner/plaintiff had since been dispossessed of the immovable property and that pleadings to that effect were not earlier in the plaint, the Court permitted the petition to be withdrawn; accordingly, the petition and the accompanying applications were dismissed as withdrawn with liberty as sought, i.e., liberty to file a fresh suit for recovery of possession of the immovable property and other reliefs. The merits of the trial court's refusal of the amendment were not adjudicated, the challenge being withdrawn instead.

Detailed headnote1 paragraphs

High Court of Delhi, CM(M) 2100/2025 - RISHI MARWAH v. MEGHNA MARWAH & ANR. (GIRISH KATHPALIA, J; order dated 04.11.2025). The petition assailed the learned trial court's order dated 16.09.2025 dismissing the petitioner/plaintiff's application to amend the prayer clause of his suit for injunction simpliciter (filed in the course of matrimonial discord against the respondents) so as to add relief of recovery of possession of the immovable property, the trial court having taken the view that there were no pleadings of cause of action to seek recovery of possession. On learned counsel's submission, on instructions, that the petitioner/plaintiff had since been dispossessed of the property and that pleadings to that effect were not earlier in the plaint, the Court allowed withdrawal: the petition and accompanying applications were dismissed as withdrawn with liberty to file a fresh suit for recovery of possession of the immovable property and other reliefs.

$~60

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 2100/2025, CM APPL. 68695/2025, CM APPL. 68696/2025, CM APPL. 68697/2025 & CM APPL. 68694/2025

RISHI MARWAH

.....Petitioner

Through: Mr. Rajiv Shukla and Mr. Gorang Goyal, Advocates with petitioner in person

versus

MEGHNA MARWAH & ANR. .....Respondents Through: Mr. S.S. Jauhar, Advocate

CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R % 04.11.2025

Petitioner/plaintiff has assailed order dated 16.09.2025 of the learned trial court, whereby application of the petitioner/plaintiff to amend the prayer clause of the suit was dismissed. Broadly speaking, in the course of matrimonial discord, the petitioner/plaintiff filed a suit for injunction simpliciter against the present respondents. Subsequently, the petitioner/plaintiff filed an amendment application seeking to add relief of recovery of possession of the immovable property. The learned trial court took a view that there are no pleadings of cause of action to seek recovery of possession, so amendment could not be allowed.

This is a digitally signed order.

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 06/11/2025 at 12:25:35

Learned counsel for petitioner/plaintiff accompanied with petitioner/ plaintiff in person specifically submits on the instructions of the petitioner/ plaintiff that the petitioner/plaintiff has now been dispossessed of the immovable property and earlier, pleadings to that effect were not in the plaint.

In these circumstances, learned counsel for petitioner/plaintiff on instructions seeks permission to withdraw this petition with liberty to file fresh suit for recovery of possession of immovable property and other reliefs.

Accordingly, the petition and the accompanying applications are dismissed as withdrawn with liberty as sought.

GIRISH KATHPALIA, J

NOVEMBER 4, 2025/as

This is a digitally signed order.

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 06/11/2025 at 12:25:35