SUNITA SHARMA & ANR. vs OM PRAKASH SHARMA & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13 November 2024 Judgment pronounced on: 07th January, 2025 + CM(M) 450/2022 & CM APPL. 23050/2022 (stay) SUNITA SHARMA & ANR. .....Petitioners Through: Mr. Anil Sharma, Adv. versus OM PRAKASH SHARMA & ANR. .....Respondents Through: Ms. Nisha Mohandas, Amicus Curiae. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India against the order dated 21.04.2022 passed by the Trial Court in MISC. DJ 559/2017 arising out of Civil Suit No. 12767/2026, titled as, “Om Prakash Sharma vs. Sunita Sharma Sharma”. 2. Petitioners are the defendants before the learned Trial Court in the civil suit for partition, possession and declaration filed by the respondent No. 1. The limited point of contention in the present petition relates to the order dated 21.04.2022, passed by the Trial Court, whereby the suit filed by respondent No. 1 has been restored to its original number. 3. By order dated 30.08.2017, the suit was dismissed as withdrawn Signature Not Verified Digitally Signed CM (M) 450/2022 Page 1 of 5 By:SUNITA KUMARI Signing Date:07.01.2025 17:46:48 by respondent No. 1 with liberty to file a separate suit on the same cause of action in the event the petitioners (defendants in the Trial Court) fail to make the payment in accordance with the terms of compromise. The respective statements of the petitioners and the respondents were recorded before passing the aforesaid order. 4. Subsequently, an application dated 27.09.2017 under Section 151 CPC was filed by the respondent seeking review of the order dated 30.08.2017 and for revival of suit, contending that the counsel of respondent No. 1 had settled the matter without authorisation an