BIMLA KAPOOR AND ORS vs SANGITA BHUTANI AND ANR

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th April, 2025 + CM(M) 767/2025, CM APPL. 24955/2025, CM APPL. 24956/2025 & CM APPL. 24957/2025 BIMLA KAPOOR AND ORS .....Petitioners Through: Mr. Vidit Gupta with Mr. Trivesh Sharma, Advocates. versus SANGITA BHUTANI AND ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondents herein have filed a suit for possession, arrears of rent and damages with consequential relief of injunction. 2. When the abovesaid suit was taken up by the learned Trial Court on 30.09.2024, it directed defendants to pay arrears of rent @ Rs.26, 000/- per month to such plaintiffs w.e.f. January, 2021 till date of such order and thereafter, to continue to pay said amount, on monthly basis for future months, till the disposal of the abovesaid suit. 3. Such order was passed by learned Trial Court on the basis of application moved by plaintiffs under Order XV-A CPC. 4. When asked, learned counsel for the petitioners/defendants informed that they have not challenged the abvoesaid order, till date. 5. Thereafter, when the matter was taken up by the learned Trial Court on 18.03.2025, noticing that there was no compliance of the abovesaid order, it struck off the defence of the defendants. Signature Not Verified Digitally Signed CM(M) 767/2025 1 By:SONIA THAPLIYAL Signing Date:30.04.2025 12:15:02 6. Such order is under challenge. 7. This Court has perused impugned order dated 18.03.2025 and it is manifestly clear that the defence has been struck off on account of non-compliance of the abovesaid order. 8. There is no doubt that the Court is empowered to strike off the defence but before taking recourse to such extreme step, the Court is mandated to serve a notice upon the defendant