Delhi High Court
Satish Jearth And Anr vs Ashok Kumar Jerath (Dead) Through Lrs on 20 August, 2025
$~3 & 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20th August, 2025
+ CM(M) 3950/2024 & CM APPL. 70087/2024
SATISH JEARTH AND ANR .....Petitioners
Through: None.
versus
ASHOK KUMAR JERATH (DEAD) THROUGH LRS
.....Respondent
Through: Ms. Kawaljit Kochar, Sr. Adv. with
Mr. Utkarsh Vats, Mr. Deepanshu, Mr.
Drohn Garg, Advs.
+ CM(M) 348/2025& CM APPL. 10207/2025 & CM APPL. 18282/2025
SATISH JEARTH AND ANR .....Petitioners
Through: None.
versus
ASHOK KUMAR JERATH (DECEASED) THR LRS AND ORS
.....Respondent
Through: Ms. Kawaljit Kochar, Sr. Adv. with
Mr. Utkarsh Vats, Mr. Deepanshu, Mr.
Drohn Garg, Advs.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. A suit was filed by Sh. Ashok Kumar Jerath (since
deceased)/respondent herein, whereby he was seeking declaration and
Digitally Signed CM(M) 3950/2024 & CM(M) 348/2025 1
permanent injunction.
2. During pendency of the abovesaid suit, two different applications were
filed by defendants No.2 & 3.
3. By virtue of one such application, they wanted to place on record
certain additional documents and the learned Trial Court vide order dated
04.11.2024 has dismissed such application. Such order is subject matter of
CM(M) 3950/2024.
4. Defendants No.2 & 3 also moved an application under Section 151
CPC thereby seeking re-examination of defendant No.2 and such application
has been dismissed by learned Trial Court on 08.01.2025. It also needs to be
highlighted that one more application had been filed by defendant No.3
whereby he was seeking permission to place on record additional affidavit in
her examination-in-chief and even such request was not acceded to by learned
Trial Court. Such orders have been challenged by filing CM(M) 348/2025
5. None appears on behalf of petitioners.
6. Learned senior counsel for respondent/plaintiff, however, submits that
the suit in question has already been disposed of by learned Civil Judge on
17.05.2025 and, therefore, the present petitions have become infructuous.
7. A copy of such judgment has been sent through email. Let the
abovesaid judgment be made part of the portfolio file.
8. Since the suit in question has already been adjudicated by learned Trial
Court, there is no point in keeping the present petitions alive.
9. In case, petitioners herein are aggrieved by judgment delivered on
17.05.2025, they would be at liberty to challenge the orders which are
impugned herein by taking recourse to Section 105 CPC.
10. Resultantly, present petitions stand disposed of in aforesaid terms.
Digitally Signed CM(M) 3950/2024 & CM(M) 348/2025 2
11. Pending applications also stand disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
AUGUST 20, 2025/ck/PB
Digitally Signed CM(M) 3950/2024 & CM(M) 348/2025 3
