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july 2025

Delhi High Court · 2025-07-23

SURYA PRAKASH vs SMT KRISHNA GAUR

Citation / case number
FAO-200/2025 2025:DHC:6038
Court
Delhi High Court
Petitioner
SURYA PRAKASH
Respondent
SMT KRISHNA GAUR
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23rd July, 2025 FAO 200/2025 & CM APPL. 43702-43703/2025 SURYA PRAKASH .....Appellant Through: Mr. Suresh Chandra Sharma and Mr. Sandeep K Mishra, Advocates. versus SMT KRISHNA GAUR .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Appellant takes exception to order dated 22.01.2025 whereby his application moved under Order IX Rule 13 CPC has been dismissed by the learned Trial Court. 2. The case of the appellant is to the effect that he did not receive any summons and never came to know about the suit in question when it was pending. 3. The suit in question was instituted on 04.03.2020 and the judgment has been delivered on 13.04.2022. 4. The plaintiff was seeking possession, arrears of rent and damages/mesne profits. 5. According to him, the suit property had been leased out to the defendant at a monthly rent of Rs.16,500/- and despite expiry of lease agreement, which expired on 24.09.2018, the possession was not handed over 2019. 6. The observations appearing in the judgment dated 13.04.2022 would indicate that despite service by way of publication, there was no appearance from