Rakesh Kumar Vs Saroj Kumari Since Deceased through Lrs & Ors. — Delhi HC (2025) — LawSathi Research

Rakesh Kumar Vs Saroj Kumari Since Deceased through Lrs & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as not pressed, with liberty to the learned Trial Court to frame issues on the basis of the averments and preliminary objections taken in the written statement without getting prejudiced by the impugned order; all pending applications disposed of.

Issue for consideration

Challenge by the contesting defendant (petitioner herein) to the Trial Court order dated 26.03.2025 dismissing his application under Order VII Rule 11 CPC; the petition was ultimately not pressed.

Court's answer

In view of counsel's submission, and without prejudice to the rights and contentions of the petitioner, the present petition is disposed of as not pressed.

Ratio / Principle

Liberty is granted to the learned Trial Court to frame issues in terms of the averments and the preliminary objections taken in the written statement, without getting prejudiced or influenced by the impugned order dismissing the Order VII Rule 11 CPC application.

Key takeaways

All the pending applications also stand disposed of.ratio¶6

Detailed headnote1 paragraphs

Delhi High Court (Manoj Jain, J.), CM(M) 863/2025 & CM APPL. 27708-27709/2025, order dated 07.05.2025: The petitioner, the contesting defendant in a suit for permanent and mandatory injunction, had challenged the Trial Court order dated 26.03.2025 dismissing his application under Order VII Rule 11 CPC. After arguments had run for some time, counsel for the petitioner, on instructions and while reserving rights and contentions, submitted that the petition would not be pressed, and that he would instead ask the learned Trial Court to frame requisite issues in terms of the preliminary objections taken in his written statement, requesting only that the Trial Court not be prejudiced or influenced by the impugned order while considering framing of issues. The Court disposed of the petition as not pressed and granted liberty accordingly: the learned Trial Court may frame issues on the averments and preliminary objections in the written statement without getting prejudiced by the impugned order. All pending applications stand disposed of.

$~63

IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 863/2025 & CM APPL. 27708-27709/2025

RAKESH KUMAR .....Petitioner

Through: Dr. Amit George, Advocate.

versus

SAROJ KUMARI SINCE DECEASED THROUGH LRS & ORS.

.....Respondents Through: Ms. Chetna Rai, Advocate for respondent No.3 (through V.C.)

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R % 07.05.2025

Petitioner is defending a suit which seeks permanent and mandatory injunction.

Written statement has already been filed by the contesting defendant (petitioner herein) and he is aggrieved by order dated 26.03.2025 whereby his application moved under Order VII Rule 11 CPC has been dismissed.

After hearing arguments for some time, Dr. Amit George, learned counsel for the petitioner, on instructions, submits that while reserving his rights and contentions, he does not press the present petition. He also submits that he has taken certain preliminary objections in his written statement and would make appropriate request to the learned Trial Court to frame requisite issues in terms of such preliminary objections. His only request is to the extent that since the

CM(M) 863/2025

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 00:58:30

abovesaid application moved under Order VII Rule 11 CPC was dismissed on the basis of the averments made in the plaint, the learned Trial Court may be requested not to get prejudiced or influenced by such order, while considering framing of issues.

In view of the above, without prejudice to the rights and contentions of the petitioner, the present petition is disposed of as not pressed.

Liberty, as prayed, is granted and, therefore, learned Trial Court would be at liberty to frame issues in terms of the averments and the preliminary objections taken in the written statement without getting prejudiced by the impugned order.

All the pending applications also stand disposed of.

MANOJ JAIN, J

MAY 7, 2025 st/SS

CM(M) 863/2025

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 00:58:30