MS ANJU GUPTA vs NEETA VERMANI & ORS.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.09.2025 + CM(M) 1882/2025 ANJU GUPTA .....Petitioner Through: Mr. Shiv Charan and Mr. Imran Khan, Advs. versus SMT. NEETA VARMANI & ORS. .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. This matter has been received on transfer from the Roster Bench. CM Appl. 60243/2025[Exemption] 2. Allowed, subject to just exceptions. 3. The Application stands disposed of. CM(M) 1882/2025 4. The present Petition has been filed under Article 227 of the Constitution of India, 1950 of the seeking direction to the learned Trial Court to dispose of the Application under VII Rule 10 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”]. 4.1 None appears for the Respondents despite advance service. 5. Learned Counsel for the Petitioner submits that a challenge has also been made to the order dated 15.07.2025 passed by the learned Trial Court, which lists that matter for Plaintiff’s evidence on 23.09.2025 prior to a decision on maintainability. He submits that a suit for declaration, Signature Not Verified Digitally Signed By:RAHUL Signing Date:22.09.2025 CM(M) 1882/2025 Page 1 of 6 21:30:26 permanent and mandatory injunction and for recovery of monies was filed by the Respondent/Plaintiff. He further submits that the Respondents/Plaintiffs did not correctly value the suit for each of these reliefs sought for in plaint. 5.1 Learned Counsel for the Petitioner further submits that on 17.04.2023, the Petitioner/Defendant had filed an Application under Order VII Rule 10 of the CPC [hereinafter referred to as “the Application”] setting out that the relief as sought in the suit, if properly calculated, would amount to be over Rs. 4.27 crores and thus