Sanjay Vs Manju Devi — Delhi HC (2026) — LawSathi Research

Sanjay Vs Manju Devi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn with leave; appellant permitted to pursue civil suit CS No. 761/2017 (“Sanjay Kumar Vs. Manju Devi”) and the respondent's counter claim CS No. 273/2018 (“Manju Devi Vs. Sanjay Kumar & Ors.”) pending before the learned District Judge, Dwarka Courts, Delhi; delay of 22 days in re-filing condoned; exemption application CM APPL. 27374/2026 allowed; pending applications disposed of. No merits adjudication; possession of shop WZ-454 not restored.

Ratio / Principle

CM APPL. 27374/2026 (exemption) allowed, subject to all just exceptions, and disposed of.

Key takeaways

Delay of 22 days in re-filing the present appeal condoned (CM APPL. 27375/2026 under Section 5 of the Limitation Act allowed and disposed of).ratio¶14
Leave granted to the appellant to withdraw the appeal with liberty to pursue civil suit CS No. 761/2017 (“Sanjay Kumar Vs. Manju Devi”) and the respondent's counter claim CS No. 273/2018 (“Manju Devi Vs. Sanjay Kumar & Ors.”) pending before the learned District Judge, Dwarka Courts, Delhi.ratio¶24
The present appeal is dismissed as withdrawn and disposed of accordingly.ratio

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.) in EX.S.A. 1/2026, order dated 24.04.2026. Second appeal under Section 100 read with Section 47 CPC challenging (i) judgment and order dated 23.12.2025 of the Ld. District Judge-05, South West District, Dwarka Courts, Delhi in RCA No.116/2025 and (ii) order dated 09.09.2025 of Ld. CJ-03, Dwarka Courts, Delhi in Execution Petition Ex. Civil No.625/2023; the appellant had prayed for restoration of possession of shop No. WZ-454, Main Road, Raj Nagar-I, Palam Colony, New Delhi-110045. Application for condonation of 22 days' delay in re-filing under Section 5 of the Limitation Act allowed. On the appellant's request, leave granted to withdraw the appeal with liberty to pursue civil suit CS No. 761/2017 (“Sanjay Kumar Vs. Manju Devi”) and the respondent's counter claim CS No. 273/2018 (“Manju Devi Vs. Sanjay Kumar & Ors.”) pending before the learned District Judge, Dwarka Courts. Appeal dismissed as withdrawn; pending applications disposed of. No substantive issue was adjudicated on merits.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- EX.S.A. 1/2026

SANJAY .....Appellant Through: Mr. Rakesh Kumar Khanna, Senior Advocate with Mr. Pramod Kumar, Ms. Piyushi Garg, Mr. Ajay Kumar Yadav and Mr. Kanti Tiwari, Advocates.

versus

MANJU DEVI .....Respondent Through:

CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R % 24.04.2026

This hearing has been done through hybrid mode. CM APPL. 27374/2026 (Exemption)

Allowed, subject to all just exceptions. The application is disposed of.

CM APPL. 27375/2026 (Delay of 22 days in refiling)

The present application has been filed on behalf of the appellant/ applicant under Section 5 of the Limitation Act seeking condonation of delay of 22 days in re-filing the captioned appeal.

In view of the averments made in the application and in the interest of justice, the same is allowed and disposed of.

Delay of 22 days in re-filing the present appeal is condoned.

EX.S.A. 1/2026

The present second appeal under Section 100 read with Section 47 of

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 27/04/2026 at 12:57:18

the CPC seeks the following prayers:

“a. Set aside the impugned judgment and order dated 23.12.2025 passed by the Ld. District Judge-05, South West District, Dwarka Courts, Delhi in RCA No.116/2025, as well as the order dated 09.09.2025 passed by Ld. CJ-03, South West District, Dwarka Courts, Delhi in Execution Petition bearing Ex. Civil No.625/2023.

b. Direct restoration of possession of the property, i.e. shop on ground floor bearing No. WZ-454, Main Road, Raj Nagar-I, Palam Colony, New Delhi-110045, to the Appellant.

c. pass such other or further order(s) or grant such other relief(s) as this Hon’ble Court may deem fit, proper and just in the facts and circumstances of the present case.”

Learned Senior Counsel appearing on behalf of the appellant seeks leave of this Court to withdraw the present appeal with liberty to pursue the civil suit being CS No. 761/2017 titled as “Sanjay Kumar Vs. Manju Devi” and counter claim filed by the respondent being CS No. 273/2018 titled “Manju Devi Vs. Sanjay Kumar & Ors.”, pending before the learned District Judge, Dwarka Courts, Delhi.

Leave granted.

The present appeal is dismissed as withdrawn and disposed of accordingly.

Needless to state that the appellant is always at liberty to pursue his legal remedies in accordance with law.

Pending application(s), if any, also stand disposed of.

Order be uploaded on the website of this Court, forthwith .

AMIT SHARMA, J

APRIL 24, 2026 /sn/sg

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 27/04/2026 at 12:57:18