DR SHAMBHUJI vs MANOJ KUMAR MANN

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th July, 2025 + CM(M) 1336/2025 & CM APPL. 44056/2025 & CM APPL. 44057/2025 DR SHAMBHUJI .....Petitioner Through: Petitioner-in-person versus MANOJ KUMAR MANN .....Respondent Through: Ms. Saumya Dwivedi, Advocate (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and is aggrieved by dismissal of his application moved under Order XV-A CPC. 2. By virtue of the aforesaid application, petitioner/plaintiff was seeking direction to defendant to deposit arrears of rent. He mentioned the total arrears which he was entitled to, without specifying as to from which date he was seeking such rent. 3. In his such application, he has also mentioned that defence of the defendant had been struck off, whereas, it was apprised to the learned Trial Court by the opposite side that such defence had already been restored. 4. There is also stated to be some confusion with respect to the date on which the tenanted premises were vacated and the possession was received by the plaintiff. According to defendant, the possession was handed over to the plaintiff in October, 2021 whereas according to the plaintiff, he has received Signature Not Verified Digitally Signed CM(M) 1336/2025 1 By:SONIA THAPLIYAL Signing Date:26.07.2025 14:34:06 the possession in the year 2024 through Bailiff in the Execution Petition filed by him. 5. Confusion seems to have cropped up because the facts were not amply clarified by the plaintiff in his application. 6. Learned counsel for respondent/defendant has joined the proceedings on advance notice through videoconferencing. 7. After hearing both the parties, the present petition is disposed of with direction to plaintiff to