RAMESH CHAND SHARMA vs MAHESH CHAND SHARMA & ANR.

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th May, 2025 + CM(M) 904/2025 & CM APPL. 29396-29398/2025 RAMESH CHAND SHARMA .....Petitioner Through: Mr. Varun Goswami with Mr. Naveen Grover and Mr. Hritik Chaudhary, Advocates. versus MAHESH CHAND SHARMA & ANR. .....Respondent Through: Mr. Amit Kumar Singh, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is very short and precise. 2. Petitioner herein has filed suit for declaration, cancellation of instrument, partition and injunction. 3. When the abovesaid suit was considered by the learned Trial Court on 05.02.2022, a status quo order was passed, when the defendants had not put in appearance despite the fact that they were served. 4. Undoubtedly, application moved under Order XXXIX Rule 1 and 2 read with Section 151 CPC is still pending adjudication but at the same time, the interim order regarding status quo is being extended by the learned Trial Court, from time to time. 5. The abovesaid suit was fixed for further consideration before the learned Trial Court on 07.03.2025. However, since the learned Presiding Officer was on leave that day, the matter was adjourned to 08.05.2025. Signature Not Verified Digitally Signed CM(M) 904/2025 1 By:SONIA THAPLIYAL Signing Date:16.05.2025 15:48:22 6. On 08.05.2025, there was request from the side of plaintiff that learned arguing counsel was unable to appear as he had been appointed Amicus Curiae in CONT. CAS (CRL) No. 3/2025 and as per the directions given by the learned Division Bench of this Court, the matter was listed for final hearing at 12:00 Noon same day. 7. Despite the fact that a request in this regard was made by the Associate of the learned counsel for the plaintiff, the learne