Anjali @ Pushpa vs Dinesh Kumar
2022 Latest Caselaw 2860 Del

                                          Neutral Citation Number 2022/DHC/004861

                         $~3
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     CM(M) 855/2022, CM APPL. 36997/2022
                               ANJALI @ PUSHPA                                     ..... Petitioner
                                                   Through:     Mr.Ashish Kapur and Mr.Anmol
                                                                Kapur, Advocates with petitioner in
                                                                person.
                                                   versus


                               DINESH KUMAR                                        ..... Respondent
                                                   Through:     Mr.Dharamvir Singh Chauhan,
                                                                Advocate

                         %                             Date of Decision: 10th November, 2022
                         CORAM:
                         HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                      JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. Present writ petition has been filed challenging the order dated 21.01.2020 whereby the application moved by the petitioner herein for setting aside the ex-parte order dated 17.09.2019 was dismissed.

2. Learned counsel for the respondent has graciously stated that the impugned order may be set aside subject to the imposition of heavy cost.

3. The petitioner herein was proceeded ex-parte vide order dated 17.09.2019. The case was at the stage of cross-examination of the respondent herein at that time. The application for setting aside the ex-parte order was dismissed vide the impugned order dated 20.01.2020.

Signature Not Verified Digitally Signed By:RAJ BALA Signing Neutral Citation Number 2022/DHC/004861

4. In view of the totality of the facts and circumstances of the case and the submissions made by the counsel for the respondent, the impugned order dated 21.01.2020 and ex-parte order dated 17.09.2019 against the petitioner are set aside, subject to cost of Rs.5,000/- to be paid to the respondent before the next date of hearing.

5. It has been informed that the next date of hearing before the learned Judge, Family Court is 27.01.2023 for cross examination of the respondent herein.

6. In view of the above directions, the writ petition along with the pending application is disposed of.

DINESH KUMAR SHARMA, J NOVEMBER 10, 2022 rb

Signature Not Verified Digitally Signed By:RAJ BALA Signing