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HIGH COURT OF DELHI
FAO(OS) (COMM) 133/2025 & CM APPL. 53177/2025, CM
BALAJI CORNER & ANR. .....Appellants
Through: Ms. Swathi Sukumar. Sr. Adv.
Through: Mr. J Sai Deepak, Sr. Adv.
Himanshu Pandey and Ms. Purnima Vashishtha, Advs.
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
26.08.2025 C. HARI SHANKAR, J.
JUDGMENT
1. After some hearing, with consent of learned Counsel for both sides, the impugned order dated 19 August 2025 is set aside.
2. Let IA 19746/2025 (under Order XXXIX Rules 1 and 2 of CPC) be listed for arguments before the learned Single Judge on 26 September 2025.
3. Learned Counsel for both sides undertake not to take FAO(OS) (COMM) 133/2025 adjournment on the said date.
4. In order to facilitate matters, we direct the parties to file a short note of four pages before the learned Single Judge, at least a week in advance of the next date of hearing.
5. Reply to IA 19746/2025 be filed within two weeks from today with advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, before the next date of hearing.
6. The learned Single Judge would take a decision on IA 19746/2025 uninfluenced by the impugned order dated 19 August
2025.
7. The impugned order is accordingly quashed and set aside and the present appeal is disposed of in the aforesaid terms.
8. This order should not be treated as expressing any opinion on the merits of the dispute.
C. HARI SHANKAR, J.
OM PRAKASH SHUKLA, J. AUGUST 26, 2025