ANJU TOMAR & ORS. vs STATE NCT OF DELHI & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd April, 2025 FAO 107/2025 ANJU TOMAR & ORS. .....Appellants Through: Mr. Ishaan Michu, Adv. versus STATE NCT OF DELHI & ORS. .....Respondents Through: Ms. Nitika Bhutani, Panel Counsel-GNCTD for R-1/ State. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. The hearing is being conducted through hybrid mode. CM APPL. 23630/2025 (For exemption) 2. Allowed, subject to all just exceptions. 3. The application stands disposed of. FAO 107/2025 4. The appellants have preferred the present appeal under Section 104 read with Order XLIII Rule 1(A) of the Code of Civil Procedure, 1908 [“CPC”] seeking setting aside of orders dated 02.09.2024 passed by the learned District Judge-02, Shahdara District, Karkardooma Courts, Delhi [“Trial Court”], whereby application under Order IX Rule 9 of the CPC arising out of CS No. 173/2018 for restoration of the suit dismissed vide order 16.05.2023 filed by the appellant No.1 was dismissed. 5. Learned counsel for the respondent No.1 is present. No one is present for the respondents No. 2 to 6 despite sending advance notice. 6. Having heard the learned counsels for the parties