SUSHIL KUMARI vs SANJAY SAXENA

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04th July, 2025 + CM(M) 1131/2025 & CM APPL. 38328-38331/2025 SUSHIL KUMARI .....Petitioner Through: Mr. Lokesh Bhola with Mr. Abhishek Singh, Advocates. versus SANJAY SAXENA .....Respondent Through: Appearance not given. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner takes exception to orders dated 17.04.2025 and 23.05.2025 passed by learned District Judge, Commercial Court. 2. The point agitated before this Court is very short and precise. 3. The petitioner herein had filed a suit seeking ejectment and recovery of arrears of rent, damages/mesne profits etc. 4. The defendant is proceeded against ex-parte. 5. Fact, however, remains that the abovesaid suit was dismissed by the learned Trial Court, on 11.04.2023 and such judgment and decree was assailed by the petitioner by filing RFA (Comm) 146/2023. 6. Such RFA was taken up by the learned Division Bench of this Court on 09.12.2024 and keeping in mind the facts and circumstances of the case, the abovesaid judgment of dismissal was set aside and the suit was remanded to the learned Trial Court for fresh adjudication on merits, after issuing notice to Signature Not Verified Digitally Signed CM(M) 1131/2025 1 By:SONIA THAPLIYAL Signing Date:05.07.2025 14:44:03 the defendant as per law. 7. However, while remanding, the learned Division Bench also gave opportunity to the plaintiff/appellant to file fresh site plan clearly setting out the description of the suit property. 8. The appeal was, accordingly, disposed of on 09.12.2024 and as per the specific observations appearing therein, the plaintiff/appellant was directed to submit such site plan within a period of four weeks. 9. Since the site plan was tendered before the learned Tria