Dismissed¶¶17

Mr. Vikas Vij & Anr. v. Mr. Vikram Vij & Ors.

Delhi HC8 Aug 2025CS(OS)/185/2024

Case brief

AI extract

What is this about?

CS(OS) 185/2024; I.A. 5103/2024; CAV 100-101/2024; Delhi High Court; Manmeet Pritam Singh Arora, J.; 08.08.2025; Vikas Vij v. Vikram Vij; unconditional withdrawal of suit; pre-summoning stage; summons not issued; refund of court fees; 50% court fee refund request; certificate for refund of 100% Court fees; without liberty reserved; Amit Jain v. Mahavir International Pvt. Ltd.; 2023 SCC OnLine Del 2657; Karol Bagh Naiwala Estate suit property; defendants raised no objection.

What did the court decide?

Unconditional withdrawal permitted; suit dismissed as withdrawn along with pending applications without liberty reserved; Registry directed to issue certificate for refund of 100% Court fees in favour of plaintiff no. 1 within four (4) weeks; all future dates cancelled. ¶¶17

Mr. Vikas Vij & Anr. Vs Mr. Vikram Vij & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶17

Issue for consideration

Whether the present suit may be unconditionally withdrawn by plaintiff nos. 1 and 2 at the pre-summoning stage, without liberty reserved. +1 more

¶¶10

Court's answer

In view of the plaintiffs' submissions, the present suit stands dismissed as withdrawn along with pending applications, without liberty reserved.

¶¶17

Ratio / Principle

Since the lis has come to an end between the parties and the suit is at the pre-summoning stage, the request for partial refund of 50% court fees is accepted in terms of Amit Jain v. Mahavir International Pvt. Ltd. and Others (2023 SCC OnLine Del 2657); the Registry is directed to issue a certificate for refund of 100% Court fees in favour of plaintiff no. 1 within four weeks.

¶¶18

Detailed headnote1 paragraphs

Delhi High Court (Manmeet Pritam Singh Arora, J., 08.08.2025): Plaintiff nos. 1 and 2 in CS(OS) 185/2024 sought to unconditionally withdraw the suit at the pre-summoning stage (summons not issued), abandoning all claims against defendants 1-3 and the suit property. Defendant nos. 1 and 2 stated the suit property (shop with basement at Property No. 2799, Ward No. XVI, Khasra No. 83, Block 'P', Gali No. 19-20, Naiwala Estate, Beadon Pura, Karol Bagh, New Delhi - 110005) had already been sold to defendant no. 3, that their mother never executed any agreement with the plaintiffs' father, and did not oppose the withdrawal; defendant no. 3 claimed absolute ownership and physical possession without objection. The Court dismissed the suit as withdrawn along with pending applications, without liberty reserved. Accepting the request for partial refund of 50% court fees in terms of Amit Jain v. Mahavir International Pvt. Ltd. and Others, 2023 SCC OnLine Del 2657 (paras 12-13), the Court directed the Registry to issue a certificate for refund of 100% Court fees in favour of plaintiff no. 1 within four weeks. All future dates cancelled.

¶1

$~45

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(OS) 185/2024, I.A. 5103/2024, CAV 100-101/2024

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MR. VIKAS VIJ & ANR. .....Plaintiffs Through: Mr. Sanjiv Sagar, Sr. Adv. with Ms. Kavita Nailwal, Adv. with plaintiffs in person Plaintiff nos. s1 and 2 in person

¶5

versus

¶6

MR. VIKRAM VIJ & ORS. .....Defendants Through: Mr. Prag Chawla and Ms. Jaspreet Kaur, Advs. for D-1 and 2 Mr. Devashish Marwah, Ms. K. Natasha and Mr. Yashovardhan, Advs. for D-3

¶7

CORAM:

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HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 08.08.2025

¶9

Learned senior counsel for the plaintiffs’ states that plaintiff nos. 1 and 2 are present in Court. He states that plaintiff nos. 1 and 2 seek to unconditionally withdraw the present suit and prays that since summons have not been issued, this Court may consider the refund 50% of the court fee to the plaintiffs.

¶10

He states that the plaintiffs do not wish to initiate any further proceedings against defendant nos. 1, 2 and 3 and are unconditionally withdrawing all their claims against the defendants and the suit property.

¶11

Learned counsel for defendant nos. 1 and 2 states that the suit property [i.e., one shop on ground floor with basement underneath the shop in Property Number 2799, Ward No. XVI, comprised in Khasra No.83, in Block 'P', Gali No.19-20, Naiwala Estate, Beadon Pura, Karol Bagh, New Delhi – 110005], has already been sold to defendant no. 3 and the plaintiffs

¶12

CS(OS) 185/2024

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Page 1 of 2

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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 18/08/2025 at 14:00:35

¶15

have no cause of action against defendant nos. 1 and 2 or defendant no. 3. He states that the mother of defendant no. 1 and defendant no. 2 had never executed any agreement with the plaintiff’s father as alleged in the plaint. He states that however, since the suit is being unconditionally withdrawn, the said defendants are not opposing the said oral reliefs.

¶16

Learned counsel for defendant no. 3 states that he is the absolute owner of the suit property and is in actual physical possession of the property. He states that since the plaintiff is unconditionally withdrawing the suit defendant no. 3 does not have any objection to the oral reliefs prayed for.

¶17

In view of the aforesaid submissions of the plaintiffs, the present suit stands dismissed as withdrawn along with pending applications, without liberty reserved.

¶18

In view of the submissions of the plaintiffs, since the lis has come to an end between the parties and the suit is at the pre-summoning stage, the request for partial refund of 50% court fees is accepted in terms of the judgment passed by the Division Bench of this Court in Amit Jain v. Mahavir International Pvt. Ltd. and Others¹ . The Registry is directed to issue a certificate for refund of 100% Court fees in favour of the plaintiff no. 1 within four (4) weeks.

¶19

All future dates stand cancelled.

¶20

MANMEET PRITAM SINGH ARORA, J

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AUGUST 8, 2025/ msh/MG

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1 2023 SCC OnLine Del 2657 [Paragraph Nos. 12 and 13]

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CS(OS) 185/2024

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Page 2 of 2

¶25

This is a digitally signed order.

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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 18/08/2025 at 14:00:35

Mr. Vikas Vij & Anr. v. Mr. Vikram Vij & Ors.

Case brief

What is this about?

What did the court decide?

Mr. Vikas Vij & Anr. v. Mr. Vikram Vij & Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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