Sh. Sudershan Vs Sh. Dharmender Sharma & Anr. — Delhi HC (2026) — LawSathi Research

Sh. Sudershan Vs Sh. Dharmender Sharma & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All three applications disposed of: (i) CM APPL. 5887/2026 (early hearing) allowed, Appeal taken up same day; (ii) CM APPL. 4785/2026 exemption allowed subject to all just exceptions; (iii) CM APPL. 4784/2026 allowed - operation of execution proceedings EX 629/2025 (incl. warrants of attachment of movable property) stayed till final disposal of RFA 236/2022, conditional on deposit of Rs. 7,50,000/- with up-to-date interest within four weeks before the Registrar General in an autorenewal FDR form; next hearing date 13.04.2026 cancelled.

Issue for consideration

Whether the Appellant's application under Section 151 of C.P.C. (CM APPL. 5887/2026) seeking early hearing of the Appeal should be allowed. +2 more

Court's answer

The exemption application (CM APPL. 4785/2026) is allowed, subject to all just exceptions.

Ratio / Principle

The early-hearing application (CM APPL. 5887/2026) is allowed and the Appeal is taken up for hearing the same day.

Key takeaways

The operation of EX 629/2025 is stayed till final disposal of the Appeal, subject to deposit of Rs. 7,50,000/- along with up-to-date interest within four weeks before the Registrar General of the Court in an autorenewal FDR form.ratio¶25
The previously fixed next date of hearing of 13.04.2026 stands cancelled (matter having been heard earlier upon the early-hearing application being allowed).ratio¶27

Detailed headnote1 paragraphs

Interim procedural order of the High Court of Delhi (Neena Bansal Krishna, J., 29.01.2026) in RFA 236/2022 (Sh. Sudershan v. Sh. Dharmender Sharma & Anr.). Three applications disposed of: (i) CM APPL. 5887/2026 under Section 151 C.P.C. seeking early hearing - allowed, Appeal taken up the same day; (ii) CM APPL. 4785/2026 - exemption allowed subject to all just exceptions; (iii) CM APPL. 4784/2026 under Order XLI Rule 5 read with Section 151 C.P.C. seeking stay - operation of execution proceedings in EX 629/2025, pending before the District Judge, Tis Hazari Courts (Central) pursuant to Order dated 07.01.2026 (including execution of warrants of attachment of movable property and directions for realization of the decrial amount), stayed till final disposal of the Appeal, conditional on deposit of Rs. 7,50,000/- with up-to-date interest within four weeks before the Registrar General in an autorenewal FDR form. Next hearing date of 13.04.2026 cancelled. The underlying Judgment under appeal is not identified in this order.

$~78

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RFA 236/2022

SH. SUDERSHAN .....Appellant Through: Mr. Kuldeep Mansukhani and Mr. Yogesh Kumar Nirban, Advs.

versus

SH. DHARMENDER SHARMA & ANR. .....Respondents Through: Mr. Ajit Singh, Adv.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 29.01.2026

CM APPL. 5887/2026

Application under Section 151 of C.P.C. has been filed on behalf of the Appellant seeking early hearing of the Appeal.

It is submitted in the Application that CM APPL. 4784/2026 under Order XLI Rule 5 read with Section 151 of C.P.C. has been filed for stay of the Judgment. Execution Proceedings are stated to be pending and an interim stay is prayed for. Hence the prayer is made that the Appeal listed on an early date.

Learned counsel for the Respondents appears on advance Notice.

Considering the submissions made in the Application, the same is allowed and the matter is taken up today for hearing.

Application is disposed of.

CM APPL. 4785/2026

Exemption allowed, subject to all just exceptions.

Application is disposed 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 31/01/2026 at 14:35:18

CM APPL. 4784/2026

Application under Order XLI Rule 5 read with Section 151 of C.P.C. has been filed for stay of the proceedings in case bearing EX 629/2025, pending before the Ld. District Judge, Tis Hazari Courts (Central), vide Order dated 07.01.2026, including the execution of warrants of attachment of movable property, till the final disposal of the present Appeal.

It is submitted that the Execution Petition is pending, wherein the directions have been given for realization of the decrial amount. In case, the stay is not granted, it would cause serious cause prejudice to the right of the Appellant in the present Appeal.

Submissions heard and record perused.

Considering the submissions made, the operation of EX 629/2025 is stayed, subject to deposit of Rs.7,50,000/- along with up to date interest till date within four weeks before the Registrar General of this Court in an autorenewal FDR form.

Accordingly, the Application is disposed of.

Next date of hearing, i.e. 13.04.2026 stands cancelled.

NEENA BANSAL KRISHNA, J.

JANUARY 29, 2026/ R

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 31/01/2026 at 14:35:18