SUNITA vs BAJINDER KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 11.05.2026 % Judgment Delivered on: 15.06.2026 + CM(M) 169/2026 & CM APPL. 4386/2026 SUNITA .....Petitioner Versus BAJINDER KUMAR .....Respondent Advocates who appeared in this case For the Petitioner : Mr. Shakir Mahmood & Ms. Falguni Rai, Advs. along with the Petitioner For the Respondent : Mr. Naresh Kumar Beniwal & Mr. Nikhil Beniwal, Advs. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Petition has been filed under Article 227 of the Constitution of India, 1950 seeking setting aside and quashing of the order dated 29.10.2025 (“Impugned Order”) passed by the learned JSCC/ASCJ/GJ-02/West District, Tis Hazari Courts, Delhi (“Trial Court”) in CS SCJ 798/25 (“Suit”), whereby the learned Trial Court inter alia allowed the Respondent to file Replication to the Petitioner’s Written Signature Not Verified Signed By:NEELAM CM(M) 169/2026 Page 1 of 11 SHARMA Signing Date:15.06.2026 19:07:08 Statement, as well as its Rejoinder to the Petitioner’s Reply to the Application seeking interim relief under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ("CPC") and further declined to allow the Petitioner to file Rejoinder to the Replication. 2. The Petitioner is Defendant No. 1, and the Respondent is the Plaintiff in the Suit. FACTUAL MATRIX 3. On 31.05.2025, the Respondent instituted the Suit before the learned Trial Court, inter alia, seeking permanent and mandatory injunctions restraining the Petitioner and Defendant No. 2 therein from carrying out any illegal construction in any portion of the Suit Property bearing No. 2185/8, Khasra No. 375, Khampur Raya, Guru Arjun Nagar, New Delhi (“Suit Property”). 4. Vide order dated 02.09.2025, the learned Trial Court condoned the