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2026 DAILYLAW 16474 (DEL)

VIJAY LAXMI SHARMA v. VIRENDER SINGH ADHIKARI

CM(M)/1771/2026 · 2026-08-25

Ajay Digpaul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010367152026 + CM(M) 1771/2026, CM APPL. 52740/2026, CM APPL. 52741/2026 & CM APPL. 52742/2026 VIJAY LAXMI SHARMA .....Petitioner Through: Mr. Vishnu Prasad Bhatt, Adv. versus VIRENDER SINGH ADHIKARI .....Respondent Through: Mr. Neeraj Kumar, Adv. along with respondent in person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 25.08.2026 1. Through the present petition, the petitioner impugns order dated 02.07.2026 passed by the learned District Judge-03 (West), Tis Hazari Courts, Delhi in Civil DJ No.388/2025 titled “Virender Singh Adhikari v. Vijay Laxmi Sharma”, whereby the learned Trial Court dismissed the application of the petitioner/defendant under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 seeking condonation of delay in filing the written statement. 2. The learned counsel appearing for the petitioner submits that the petitioner herein suffers from acute financial distress and could not file the written statement in time due to bona fide reasons. 3. Mr. Neeraj Kumar, the learned counsel appearing for the respondent submits that the parties are neighbours and are engaged in ongoing disputes 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 29/08/2026 at 15:05:14 regarding purported unauthorised construction. 4. Nevertheless, learned counsel for the respondent accedes that the present petition may be allowed and the written statement be taken on record, subject to payment of costs by the petitioner. 5. In view of the aforesaid statement made by the learned counsel for the respondent and in the interest of justice, the impugned order is set aside, subject to payment of cost of Rs. 10,000/- to be paid by the petitioner to the respondent. 6. The learned Trial Court is directed to take the written statement filed by the petitioner on record, subject to the payment of cost of Rs. 10,000/- to be paid by the petitioner to the respondent within a period of two days from today. Thereafter, the learned Trial Court is directed to proceed with the trial in accordance with law. 7. The petition, along with pending applications, stands disposed of. AJAY DIGPAUL, J AUGUST 25, 2026/AS/as 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 29/08/2026 at 15:05:14