$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010655242024 + FAO 312/2024 and CM APPL. 57243/2024 ANIL VATS & ANR. .....Appellants Through: Mr.Akul Mehanshu, Mr.Piyush Maan, Mr.Vaibhav Mehal, Mr.Rishabh Bhardwaj and Ms.Anshita Choudhary, Advocates versus LAXMAN GOSWAMI .....Respondent Through: Mr.D.S. Patiyal and Mr.Ravi Dutt, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 30.09.2026 1. The present appeal has been filed under Order XLIII Rule 1(D) read with Section 96(2) CPC seeking setting aside of the impugned order 30.08.2024 passed learned DJ-02, South West, Dwarka Courts, Delhi in Misc (DJ) 316/2024 in CS (DJ) 692/2018. 2. Learned counsel for the respondent submits that keeping in view the fact that the appellants have expired, he has no objection if the prayer made in the present appeal is allowed. He, however, submits that conduct of the appellants has resulted in delay and should be made liable to pay some costs. 3. Learned counsel for the appellants volunteers to pay a sum of Rs.25,000/-. Let the same be paid to the respondent within a period of two weeks from today. 4. In view of the above, the present appeal is allowed and the impugned order is set aside. The suit is restored to its original position and is directed 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 05/10/2026 at 10:40:59 to be listed before the concerned Court on 16.10.2026. 5. In view of the above, the present appeal is disposed of alongwith the pending application. 6. Needless to state that in case the parties are willing to explore the possibility of an amicable settlement, they would be at liberty to approach the Trial Court in this regard. MANOJ KUMAR OHRI, J SEPTEMBER 30, 2026 na 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 05/10/2026 at 10:40:59