Praveen Kumar Vs Neeraj Kant Singhal — Delhi HC (2025) — LawSathi Research

Praveen Kumar Vs Neeraj Kant Singhal — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned judgment and decree dated 11.07.2024 set aside by consent; matter remanded to the learned trial court for decision on merits in accordance with law, to be concluded preferably within one year of first listing after remand; appellant entitled to file written statement within 30 days; 106 days' delay in filing the appeal condoned; stay application disposed of; appeal and pending applications disposed of; earlier-scheduled date 05.08.2025 cancelled.

Issue for consideration

Whether the appellant's application (CM APPL. 10469/2025) seeking early hearing of the appeal should be granted. +3 more

Court's answer

CM APPL. 10469/2025 (early hearing) disposed of as infructuous, the appeal having been taken up for hearing on the same day.

Ratio / Principle

CM APPL. 8622/2025 seeking condonation of 106 days’ delay in filing the appeal is allowed, in view of the order the court proposed to pass.

Key takeaways

CM APPL. 8621/2025 seeking stay of the impugned judgment and decree is disposed of, in view of the order the court proposed to pass.ratio¶¶23
By consent of learned counsel appearing for both parties, who submitted they had requisite instructions, the impugned judgment and decree dated 11.07.2024 is set aside and the matter is remanded to the learned trial court to be decided afresh on merits, in accordance with law.ratio¶¶25
The learned trial court is requested to decide the remanded matter expeditiously, preferably within 01 year from the date of first listing after remand.

Detailed headnote1 paragraphs

Delhi High Court order dated 02.05.2025 (Anup Jairam Bhambhani, J.) in RFA 132/2025 — Praveen Kumar v. Neeraj Kant Singhal. Drawing on this Court's orders dated 13.02.2025 and 20.02.2025, and by consent of learned counsel for both parties affirming requisite instructions, the judgment and decree dated 11.07.2024 challenged in the Regular First Appeal were set aside and the matter remanded to the learned trial court for decision on merits in accordance with law, with a request to decide the matter expeditiously, preferably within 01 year from first listing after remand; the appellant was accorded the right to file his written statement within 30 days. Applications under S.151 CPC were dealt with: condonation of 106 days’ delay in filing allowed; stay application disposed of; early-hearing application disposed of as infructuous. Counsel for the respondent recorded that the appellant had been in use and occupation of the suit property since 01.03.2023 and enjoying it without making any payment since January 2024. The appeal and pending applications stand disposed of; the earlier-given date of 05.08.2025 stands cancelled.

$~70

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RFA 132/2025

PRAVEEN KUMAR .....Appellant

Through: Mr. Virendra Chaudhary, Advocate via video-conferencing.

versus

NEERAJ KANT SINGHAL .....Respondent

Through: Mr. Manu Sishodia and Ms. Hina Rajput, Advocates alongwith respondent in-person.

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 02.05.2025

CM APPL. 10469/2025 (early hearing)

By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellant seeks early hearing of the appeal.

In view of the appeal having been taken-up for hearing today, the application is disposed-of as infructuous.

CM APPL. 8622/2025 (condonation of delay)

By way of the present application filed under section 151 CPC, the appellant seeks condonation of 106 days’ delay in filing the present appeal.

In view of the order that the court proposes to pass, the application is allowed.

RFA 132/2025

Page 1 of 3

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 17:08:16

The appeal is taken on Board.

The application stands disposed-of.

CM APPL. 8621/2025 (stay)

By way of the present application filed under section 151 CPC, the appellant seeks stay of impugned judgment and decree dated 11.07.2024.

In view of the order that the court proposes to pass, the application is disposed-of.

RFA 132/2025

In view of what was recorded in order dated 13.02.2025, and the submissions made as noted in order dated 20.02.2025, by consent of learned counsel appearing for the parties, who submit that they have requisite instructions in this regard, the impugned judgment and decree dated 11.07.2024 is set-aside; and the matter is remanded back to the learned trial court to decide it on merits, in accordance with law.

Mr. Manu Sishodia, learned counsel appearing for the respondent submits, that the appellant has been in use and occupation of the suit property since 01.03.2023; and has been enjoying the property without making any payment since January 2024.

In view of the above, the learned trial court is requested to decide the matter expeditiously and preferably within 01 year from the date of first listing after remand.

RFA 132/2025

Page 2 of 3

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 17:08:16

It is further clarified that consequent upon the remand order, the appellant shall have the right to file the written statement within 30 days from today.

The appeal stands disposed-of in the above terms.

Pending applications, if any, also stand disposed-of.

The date of 05.08.2025 given earlier, stands cancelled.

ANUP JAIRAM BHAMBHANI, J

MAY 2, 2025 ds

RFA 132/2025

Page 3 of 3

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 17:08:16