CHANDER SHEKHAR SETHI AND ANR vs VINOD SETHI

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22nd, August, 2025 CM(M) 1578/2025, CM APPL. 51902/2025 & CM APPL. 51903/2025 CHANDER SHEKHAR SETHI AND ANR .....Petitioner Through: Mr. Anuroop P.S., Mr. Vikas Dudeja, Mr. Sachin Wadhwa and Mr. Gaurav Bidhuri, Advocates versus VINOD SETHI .....Respondent Through: Mr. Somesh Arora, Mr. Aryan Arora, Ms. Reet Kaur Arora, Mr. Navneet K. Shukla and Ms. Richa Sharma, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit filed by his brother whereby his brother Mr. Vinod Sethi is seeking possession, mesne profits and injunction. 2. Plaintiff appeared for the purposes of leading evidence for the first time before the learned Trial Court on 17.05.2023. On that day, there was no appearance from the side of defendant and learned Trial Court recorded the evidence of PW1 Mr. Vinod Sethi and discharged him. Plaintiff’s evidence was also closed and the matter was fixed for defendant’s evidence. 3. An application was moved by the defendant on 12.09.2023 whereby he requested for one opportunity to cross-examine the plaintiff. According to defendant, non-appearance was solely for the reason