DEVENDRI vs AJAY PAWAR & ORS.

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th April, 2025 + CM(M) 680/2025 & CM APPL. 21565-21566/2025 DEVENDRI .....Petitioner Through: Mr. Sudeep Singh with Mr. Brijesh, Advocates. versus AJAY PAWAR & ORS. .....Respondent Through: Mr. Ashish Shankar, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for partition, declaration and injunction. 2. After completion of the pleadings on 20.05.2024, the learned Trial Court i.e. District Judge-05, South District, Saket Courts, New Delhi framed the issues and the following issue was treated as preliminary issue. “1. Whether the present suit is liable to be stayed under Order 10 of CPC? OPD.” 3. However, when the arguments were heard on the abovesaid aspect, the issues, which had been framed by the other Court i.e. Court situated in Bulandshahr, were not placed on record. 4. Though, the learned Trial Court observed that there were other parties Signature Not Verified Digitally Signed CM(M) 680/2025 1 By:SONIA THAPLIYAL Signing Date:16.04.2025 18:11:21 in the suit filed at Bulandshahr but it was also of the view that since, the issues identified therein had not been placed before him, the suit could not have been stayed under Section 10 CPC. 5. Such order was passed on 31.07.2024. 6. Admittedly, the issues in the abvoesaid suit filed at Bulandshahr had already been framed on 11.08.2023. 7. The omission on the part of the defendant (petitioner herein) was that it did not place on record copy of such issues before the Court of learned District Judge-05 South District, Saket Courts, New Delhi. 8. Defendant, accordingly, moved an application seeking review of the abovesaid order and such application was disposed of by learned Trial Court on 15.0