Dr Punita K Sodhi Vs Dr Simmi K Ratan & Ors. — Writ and Judicial Review | Delhi HC (2025)

Dr Punita K Sodhi Vs Dr Simmi K Ratan & Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Directions issued to the Trial Court to dispose of the petitioner's stay application, if any, after disposal of the applications under Order VII Rule 11 CPC and under Order VIII Rule 1 CPC; exemption application CM APPL. 8265/2025 allowed subject to all just exceptions.

Issue for consideration

Whether directions should be issued to the Trial Court for disposal of the stay application filed by the petitioner in the partition suit, which the Trial Court was not disposing of.

Court's answer

Since the matter is already listed before the Trial Court for reply and arguments on the applications under Order VII Rule 11 CPC and Order VIII Rule 1 CPC, the Article 227 petition is disposed of with directions that the petitioner's stay application, if any, be also disposed of by the Trial Court after disposal of those applications.

Ratio / Principle

CM APPL. 8265/2025 (Exemption) allowed, subject to all just exceptions; the application stands disposed of.

Detailed headnote1 paragraphs

High Court of Delhi (CM(M) 279/2025, decided 12.02.2025, Ravinder Dudeja, J.) — Petitioner, appearing in person, filed a petition under Article 227 of the Constitution of India impugning the order dated 03.01.2025 of the learned District Judge, DJ01/South/Saket Courts, New Delhi, passed in Civil Suit CS DJ 3936/2024 (Dr. Punita K Sodhi vs. Dr. Simmi K Ratan & Ors.), whereby the Trial Court had merely listed the matter for reply and arguments on the applications under Order VII Rule 11 CPC and Order VIII Rule 1 CPC for 12.03.2025. The petitioner's limited grievance was that her stay application in the partition suit was not being disposed of. Observing that the matter was already listed before the Trial Court for reply and arguments on the Order VII Rule 11 and Order VIII Rule 1 applications, the High Court disposed of the petition with directions that the stay application, if any, filed by the petitioner be also disposed of by the Trial Court after disposal of those applications. The accompanying exemption application (CM APPL. 8265/2025) was allowed subject to all just exceptions.

$~57

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 279/2025

DR PUNITA K SODHI .....Petitioner

Through: Dr. Punita K. Sodhi, petitioner in person.

versus

DR SIMMI K RATAN & ORS. .....Respondents Through: Mr. Bharat Bhushan Jain, Adv for R- 1. Mr. Abhinav Singh, Ms. Swesa Agarwal & Mr. Praveen Kaushik, Advs for R-7. Mr. Kamal Mehta, Adv for R-12.

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 12.02.2025 CM APPL. 8265/2025 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CM(M) 279/2025 & CM APPL. 8264/2025 (Stay)

This is a petition under Article 227 of the Constitution of India impugning the order dated 03.01.2025 passed by learned District Judge, DJ01/South/Saket Courts, New Delhi in Civil Suit CS DJ 3936/2024 titled Dr. Punita K Sodhi vs. Dr. Simmi K Ratan & Ors.

The perusal of the impugned order reveals that the Trial Court has simply listed the matter for reply and arguments on the applications under

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 14/02/2025 at 12:20:45

Order VII Rule 11 CPC and under Order VIII Rule 1 CPC for 12.03.2025.

The petitioner has made submissions in person.

Her limited grievance is that the stay application filed by her in the partition suit is not being disposed of by the learned Trial Court and therefore, directions be issued to the Trial Court for disposal of such applications.

Since the matter is already listed before the Trial Court for reply and arguments on the applications under Order VII Rule 11 CPC and under Order VIII Rule 1 CPC, the petition is disposed of with directions that the stay application, if any, filed by the petitioner be also disposed of after disposal of the applications under Order VII Rule 11 CPC and under Order VIII Rule 1 CPC by the trial court.

RAVINDER DUDEJA, J

FEBRUARY 12, 2025 Sk/r

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 14/02/2025 at 12:20:45