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2025 DAILYLAW 9563 (DEL)

GYAN KAUR & ANR. v. MUKESH KUMAR

CM(M)/290/2025 · 2025-03-17

Manoj Jain

body2025

Judgment text

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CM(M) 290/2025 1 $~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 290/2025 GYAN KAUR & ANR. .....Petitioner Through: None versus MUKESH KUMAR .....Respondent Through: Mr. Deevansh Aggarwal and Mr. Rahul Madan, Advocates along with respondent-in-person CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 09.04.2025 CM APPL. 21205/2025 1. After hearing arguments for some time, leaned counsel for applicant/ respondent seeks to withdraw the present application. He, however, submits that other side has yet not paid cost of Rs. 10,000/- and he also seeks expeditious disposal of his Probate Petition. 2. As per order dated 17.03.2025, this Court had burdened the petitioners herein with a cost of Rs. 10,000/- and such cost was to be paid within a period of two weeks from the date of such order. It is submitted that period of two weeks has already expired and cost has not been paid and, therefore, the other side cannot take benefit of the directions contained in order dated 17.03.2025. 3. However, learned counsel for respondent/applicant, who is accompanied by applicant/respondent, submits that thereafter matter was taken up by the learned Trial Court on the next day itself i.e. 18.03.2025 and there was no one present from the side of petitioner. It is also submitted that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:40:37 CM(M) 290/2025 2 the matter is now coming up for hearing before the learned Trial Court on 29.04.2025. 4. None appears on behalf of the petitioners despite advance notice. 5. However, keeping in mind the overall facts and circumstances of the case, it is clarified that in case cost is not paid by the petitioners on or before 29.04.2025, the objection petition shall be deemed to be off the record. 6. Learned Trial Court is requested to keep the aforesaid aspect in mind and in case, the cost is paid and objections are taken on record, learned Trial Court would make best endeavour to dispose of the case, as expeditiously as possible. 7. Application stands disposed of accordingly. MANOJ JAIN, J APRIL 9, 2025/dr/pb This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:40:37