Ramesh Kapoor Vs Usha Kapoor & Ors. — Delhi HC (2025) — LawSathi Research

Ramesh Kapoor Vs Usha Kapoor & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None substantive; the petition was withdrawn by counsel and disposed of as not pressed, with liberty preserved to approach the Trial Court for an appropriate application (including seeking stay of final disposal till decision of FAO No.2/2019).

Issue for consideration

Whether the Trial Court should refrain from proceeding further with the civil suit (framing issues and recording evidence) while FAO No.2/2019 is pending adjudication before the High Court.

Court's answer

The petitioner remains at liberty to move an appropriate application before the learned Trial Court.

Ratio / Principle

Upon counsel's statement withdrawing the petition, the present CM(M) petition was disposed of as not pressed.

Key takeaways

If and when such an application is moved, the Trial Court shall dispose of it, after giving due opportunity of hearing to both sides, in accordance with law.ratio¶20
This Court expressly made no observation on the petitioner's request (to stay final disposal of the suit pending FAO No.2/2019); it is entirely for the Trial Court to decide any such application in accordance with law.obiter¶21
All the pending applications (CM APPL. 55778/2024 and CM APPL. 55779/2024) also stand disposed of in the same terms.

Detailed headnote1 paragraphs

High Court of Delhi, CM(M) 3452/2024 (with CM APPL. 55778/2024 & 55779/2024), Manoj Jain, J., 14.05.2025 — Petition filed by Sourabh Kapoor, legal representative of deceased defendant No.1 Ramesh Kapoor, challenging Trial Court order dated 09.07.2024 whereby issues had been framed and the civil suit fixed for recording of plaintiff's evidence, on the ground that FAO No.2/2019 was pending before the High Court. After counsel withdrew the petition, it was disposed of as not pressed. Petitioner left free to move the Trial Court for an appropriate application (e.g., stay of final disposal till the FAO is decided); any such application to be decided by the Trial Court after hearing both sides, in accordance with law. Court expressly made no observation on that request; pending applications likewise disposed of.

$~69

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 3452/2024 & CM APPL. 55778/2024 & CM APPL. 55779/2024

RAMESH KAPOOR

.....Petitioner Through: Dr. Abhay Kant Upadhyay, Mr. Madan Pal Vats, Mr. Arvind Chaddha and Mr. Anuj Kumar, Advocates.

versus

USHA KAPOOR & ORS. .....Respondent Through: None.

CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R

% 14.05.2025

The present petition has been filed by Mr. Sourabh Kapoor, legal representative of defendant No.1-Mr. Ramesh Kapoor (since deceased).

The challenge in the present petition is with respect to order dated 09.07.2024.

It seems that by virtue of the abovesaid order, the learned Trial Court has, merely, framed the issues and the case has been fixed for recording of plaintiff’s evidence.

Learned counsel for the petitioner submits that in view of the fact that FAO No.2/2019 is pending adjudication before this Court, the learned Trial Court should not have proceeded further with the above civil suit.

However, after hearing arguments for some time, learned counsel for petitioner seeks to withdraw the present petition with liberty to file

CM(M) 3452/2024 1

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 01/07/2025 at 00:47:21

appropriate application before the learned Trial Court in this regard. He submits that he would have no objection if the evidence is recorded and the Trial is completed. He submits that he would move appropriate application requesting the learned Trial Court to stay the final disposal of the abovesaid suit, till the appeal as aforesaid is decided by this Court.

In view of the abovesaid statement made by the learned counsel for petitioner, the present petition is hereby disposed of as not pressed.

Needless to say, petitioner is always at liberty to move any such application before the learned Trial Court and as and when, any such application is moved, the learned Trial Court, after giving due opportunity of hearing to both the sides, shall dispose of such application, in accordance with law.

It is, however, clarified that this Court has not made any observation with respect to the abovesaid request and it will be entirely upto the learned Trial Court to decide any such application, in accordance with law.

All the pending applications also stand disposed of in aforesaid terms.

MANOJ JAIN, J

MAY 14, 2025/ss/js

CM(M) 3452/2024 2

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 01/07/2025 at 00:47:21