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may 2025

Delhi High Court · 2025-05-26

HEMA SEHGAL vs YOGENDER KUMAR AND ANR

Citation / case number
C.R.P.-160/2025 2025:DHC:4525
Court
Delhi High Court
Petitioner
HEMA SEHGAL
Respondent
YOGENDER KUMAR AND ANR
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26.05.2025 C.R.P. 160/2025 & CM Appl.32688/2025 HEMA SEHGAL .....Petitioner Through: Mr. Hari Prakash, Adv. versus YOGENDER KUMAR AND ANR .....Respondents Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM Appl.32687/2025[Exemption from filing certified copies] 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. C.R.P. 160/2025 & CM Appl.32688/2025[Exemption] 3. The present Petition has been filed under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning the order dated 23.04.2025 [hereinafter referred to as “Impugned Order”] passed by the learned District Judge-06, West District, Tis Hazari Courts, Delhi. By the Impugned Order, the Application under Order XLVII read with Section 151 of the CPC as well as an Application under Order XVI Rule 1 of the CPC filed by the Petitioner/Defendant have been dismissed by the learned Trial Court. 4. The maintainability of this Petition is a subject matter of challenge. It is no longer res integra that the provisions of Section 115 of the CPC cannot 4.1 The Supr