Dismissed¶14

Rajesh Kumar Singh v. Vipin Panwar & Ors.

Delhi HC7 Mar 2025RFA/229/2025

Case brief

AI extract

What is this about?

RFA 229/2025; Rajesh Kumar Singh v. Vipin Panwar & Ors.; High Court of Delhi; Girish Kathpalia, J.; 07.03.2025; ex-parte judgment and decree; recovery of possession; tenanted property; mesne profits; withdrawal of appeal; Order IX Rule 13 CPC; condonation of delay of 277 days in refiling; additional evidence application; stay application; dismissed as withdrawn with liberty; expedite disposal; fresh proceedings.

What did the court decide?

Appeal dismissed as withdrawn with liberty to pursue the pending application under Order IX Rule 13 CPC before the trial court (which was requested to dispose of it expeditiously) and further liberty to initiate fresh proceedings after its disposal. ¶14

Rajesh Kumar Singh Vs Vipin Panwar & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant may withdraw the appeal assailing the ex-parte judgment and decree of recovery of possession and mesne profits, retaining liberty to pursue the pending Order IX Rule 13 CPC application before the trial court.

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Court's answer

The appeal and accompanying applications are dismissed as withdrawn, with liberty as sought by the appellant to pursue his pending application under Order IX Rule 13 CPC.

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Ratio / Principle

CM APPL. 13783/2025 (exemption) is allowed subject to all just exceptions.

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Key takeaways

The learned trial court is requested to dispose of the application under Order IX Rule 13 CPC expeditiously.ratio¶14
After disposal of the Order IX Rule 13 CPC application, the applicant shall be at liberty to initiate fresh proceedings, if so advised.ratio¶16

Detailed headnote1 paragraphs

High Court of Delhi, RFA 229/2025 (Girish Kathpalia, J., order dated 07.03.2025): Rajesh Kumar Singh, appellant, had assailed an ex-parte judgment and decree of recovery of possession of the tenanted property and mesne profits. An application under Order IX Rule 13 CPC was already pending before the trial court, whose grounds were reiterated in the appeal. After partly arguing, counsel sought on instructions permission to withdraw the appeal. CM APPL. 13783/2025 (exemption) was allowed subject to all just exceptions; the appeal and accompanying applications (condonation of 277-day delay in refiling, additional evidence, and stay) were dismissed as withdrawn with liberty as sought. The trial court was requested to dispose of the Order IX Rule 13 CPC application expeditiously, after which the applicant remains at liberty to initiate fresh proceedings, if so advised. Respondents appeared through none; no precedent was relied upon.

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$~41

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 229/2025

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RAJESH KUMAR SINGH .....Appellant

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Through: Mr. Anish Shrestha, Advocate

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versus

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VIPIN PANWAR & ORS. .....Respondents Through: None

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CORAM:

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HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R % 07.03.2025 [ Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 13783/2025 (exemption)

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Allowed, subject to all just exceptions.

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CM APPL. 13785/2025 (for condonation of delay of 277 days in refiling), CM APPL. 13784/2025 (for additional evidence), CM APPL. 13782/2025 (stay)

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The appellant has assailed ex-parte judgment and decree of recovery of possession of the tenanted property and mesne profits. It is submitted by learned counsel that application under Order IX Rule 13 CPC is pending and grounds taken in the application have also been reiterated in the present appeal. After addressing partly, learned counsel for appellant on instructions seeks permission to withdraw this appeal with liberty to pursue his application under Order IX Rule 13 CPC, which is already pending.

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Accordingly, the appeal and accompanying applications are dismissed as withdrawn with liberty as sought. Learned trial court is requested to dispose of the application under Order IX Rule 13 CPC expeditiously. Of

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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 01/07/2025 at 17:03:03

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course, after disposal of the said application, the applicant shall be at liberty to initiate fresh proceedings, if so advised.

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GIRISH KATHPALIA, J

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MARCH 7, 2025/ tp

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Click here to check corrigendum, if any

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Rajesh Kumar Singh v. Vipin Panwar & Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Singh v. Vipin Panwar & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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