ASHOK KUMAR KAUSHIK & ANR. vs MAHIPAL SINGH & ORS.

Judgment text excerpt

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17.11.2025 + FAO(OS) 142/2025, CM APPL. 71733/2025, CM APPL. 71734/2025, CM APPL. 71735/2025 ASHOK KUMAR KAUSHIK & ANR. .....Appellants Through: Mr. Praveen Kumar, Mr. Suman Raj, Mr. Rishi Raj, Advs. versus MAHIPAL SINGH & ORS. .....Respondents Through: Ms. Shobhana Takiar, Mr. Shivam Takiar, Mr. Prateek Dhir, Mr. Kuljeet Singh, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellants assail the correctness of the order dated 07.08.2025 [hereinafter referred to as „Impugned Order‟] passed by the learned Single Judge in CS(OS) 369/2020, whereby the learned Single Judge declined to condone the delay in filing the Replication by the Plaintiffs (Respondents herein) beyond the period of 45 days permissible under the Delhi High Court (Original Side) Rules, 2018 [hereinafter referred to as “the Rules”]. The learned Single Judge also directed that certain documents filed by the Defendants (Appellants herein) after filing of the Written Statement be ignored/taken off the record. Signature Not Verified Signed By:JAI NARAYAN FAO(OS) 142/2025 Signing Date:19.11.2025 Page 1 of 7 10:35:57 2. The factual matrix and chronology material for the decision of this Appeal are not in dispute and may be recorded succinctly: i. The Plaintiffs instituted CS(OS) 369/2020 seeking permanent and mandatory injunctions in October 2020. ii. The Defendants filed their Written Statement, without complete/entire documents on 21.12.2020. iii. The Defendants placed certain documents on record and served copies upon the Plaintiffs thereafter, the service/filing of those documents is recorded on 25.01.2021 (with furth