AJAY SHARMA & ANR. vs SANJAY SHARMA, & ANR.

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th March, 2025 + CM(M) 3251/2024 & CM APPL. 49148/2024 AJAY SHARMA & ANR. .....Petitioners Through: Mr. Dhan Mohan, Mr. Ravi Mishra, Ms. Nikita Jha, Mr. Satyajeet Sharma, Mr. Sumit Dubey and Ms. Tanisha Bhatia, Advocates. versus SANJAY SHARMA & ANR. .....Respondents Through: Mr. Manish Gandhi, Advocate (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Learned counsel for both the sides submit that the present petition can be disposed of on a very short point. 2. Learned counsel appearing on behalf of respondent/Sanjay Sharma submits that in Civil Suit i.e. CS(OS) 218/2023 Vijay Kumar Sharma & Another v. Ajay Sharma & Another Sh. Sanjay Sharma (respondent No.1 herein) had made a statement on oath before this Court on 30.08.2024 whereby he undertook to withdraw all the averments made by him in his application dated 24.07.2023 filed under Order VI Rule 17 CPC in CS SCJ No. 561/2022. He also made a statement that the abovesaid amendment application has though been allowed by the learned Trial Court and was challenged in CM(M) 3251/2024, he would appear before said Court and would concede to the relief sought in said petition so that appropriate orders for setting aside order dated 13.05.2024 can be passed. Signature Not Verified Digitally Signed CM(M) 3251/2024 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 10:42:29 3. Sh. Sanjay Sharma had filed a suit which was registered as CS SCJ No. 561/2022. He also filed an application under Order VI Rule 17 CPC seeking amendment in the plaint. Learned Trial Court had allowed the abovesaid application vide order dated 13.05.2024 and same very order is under challenge before this Court. 4. However, in view of the abovesaid statement made by