JAYADITTA PALIT & ANR. vs PRAMOD ANAND THROUGH LEGAL HEIR SH RAKESH ANAND

Judgment text excerpt

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th August, 2025 + CM(M) 2627/2024 & CM APPL. 30598/2024 JAYADITTA PALIT & ANR. .....Petitioner Through: Mr. Samman Vardhan Gautam, Mr. Shrey Gupta, Mr. Lokesh Chopra, Ms. Khushi Sharma, Mr. Priyam Tiwari and Ms. Anshika Priyadarshini, Advocates. versus PRAMOD ANAND THROUGH LEGAL HEIR SH RAKESH ANAND .....Respondent Through: Mr. Ravi Kapoor, Ms. Aditi Singhal and Mr. Dhruv Chawla, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are plaintiffs before the learned Trial Court and filed a suit which seeks declaration and injunction. 2. When the abovesaid suit was taken up by the learned Trial Court on 05.04.2024, it framed following preliminary issue:- ‘Whether the suit is maintainable in the present form?’. 3. The matter was, accordingly, fixed for arguments on said issue. 4. Fact, however, remains that the petitioners/plaintiffs have challenged the abovesaid order and according to them, there was no requirement of framing the abovesaid preliminary issue, as such aspect has already been Signature Not Verified Digitally Signed CM(M) 2627/2024 1 By:DINESH CHANDRA Signing Date:19.08.2025 11:35:38 amply clarified and decided by the Hon’ble Supreme Court in terms of observations appearing in order dated 21.09.2020 [passed in Contempt Petition Civil No.463/2020 in Civil Appeal No. 8481/2019] and order dated 08.11.2019 [in the abovesaid Civil Appeal]. 5. It seems that the petitioners/plaintiffs are unnecessarily apprehensive and evidently, their grievance is clearly a pre-mature one. Nothing stops them from drawing attention of the learned Trial Court to the abovesaid two specific orders passed by the Hon’ble Supreme Court of India, in case they feel that such aspect has att