SMT ISHWARI KESWANI vs SH GULSHAN RAI KUKREJA & ANR.

Judgment text excerpt

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19.03.2025 + C.R.P. 165/2024, CM APPL. 31404/2024 SMT ISHWARI KESWANI .....Petitioner Through: Mr. Sidharth Chopra, Mr. Amod Kumar Singh, Mr. Vishal Ahuja, Advs. versus SH GULSHAN RAI KUKREJA & ANR. .....Respondents Through: Mr. I.S. Bakshi, Adv. for R-1 CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’] seeking to challenge an order dated 29.02.2024 passed by Ld. ADJ- 08, Central District, Tis Hazari Courts, Delhi [hereinafter referred to as ‘Impugned Order’]. 2. It is the case of the Petitioner that an Application under Order VII Rule 11 CPC is still pending before the Court which also challenges the maintainability of the suit and the Impugned Order will come in the way of the Petitioner (Defendant No.2 before the learned Trial Court). 3. Learned Counsel for the Respondents submits that the Petitioner did not press his Application under Order VII Rule 11 CPC before the learned Trial Court, thus it was not decided. Signature Not Verified Digitally Signed C.R.P. 165/2024 Page 1 of 2 By:RAHUL Signing Date:23.03.2025 06:34:06 4. After some arguments, learned Counsel for the Petitioner submits that he limits his contentions in the present Petition for a liberty to agitate the issue qua maintainability of the present Petition before the learned Trial Court. 5. Given the fact that the Application under Order VII Rule 11 CPC is still pending before the learned Trial Court, the Petitioner is permitted to agitate the issue of maintainability, including as raised in his Application under Order VII Rule 11 CPC, before the learned Trial