VIRENDER KUMAR vs SMT. REKHA BHAYANA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20.03.2025 Pronounced on: 02.05.2025 + RFA(COMM) 152/2025 AND CM APPL. 15798/2025 VIRENDER KUMAR .....Appellant Through: Mr.Shekhar Prit Jha and Ms.Preeti Kumari, Advs. versus SMT. REKHA BHAYANA & ANR ....Respondents Through: Mr.Nitya Sharma and Mr.Ankur Gupta, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT RENU BHATNAGAR, J. 1. The present Regular First Appeal has been filed by the appellant under Section 13 of the Commercial Courts Act, 2015, against the Judgment and Orders dated 24.12.2024 and 20.02.2025 passed by the learned District Judge, Commercial Court-01, North District, Rohini Courts, Delhi (hereinafter referred to as ‘ learned Trial Court’) in CS (COMM) NO. 197 of 2023 (hereinafter referred to as ‘Suit’) titled Smt. Rekha Bhayana v. Virender Kumar. Signature Not Verified RFA(COMM) 152/2025 Page 1 of 15 Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.05.2025 18:05:00 2. The Impugned Order dated 24.12.2024 disposed of the following two applications: (i) An application filed under Order XIII A of the Civil Procedure Code, 1908 (hereinafter referred to as, ‘CPC’) read with Order XII Rule 6 of the CPC filed by the respondent. (ii) An application filed under Order I Rule 10 of the CPC by the intervener, Mr. Ajit Pal, seeking his impleadment as a defendant. 3. The appellant has challenged only a specific portion of the Order dated 24.12.2024, whereby the application of the respondent under Order XIII A of the CPC read with Order XII Rule 6 of the CPC, was disposed of by the learned Trial Court with the following directions:- “9. ....The application, therefore, is to be allowed as far as the recovery of possession is concerned. 10. Coming to the recovery of arrears of r