Delhi High Court - Orders
Vishwas Tripathi & Ors vs Adarsh Agarwal & Anr on 23 September, 2025
$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1891/2025
VISHWAS TRIPATHI & ORS. .....Petitioners
Through: Mr. Raghav Narayan, Advocate
versus
ADARSH AGARWAL & ANR. .....Respondents
Through: Mr. Sunil Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 23.09.2025 CM APPL. 60499/2025 (exemption)
1. Allowed, subject to all just exceptions.
CM(M) 1891/2025 & CM APPL. 60498/2025 (stay)
2. Petitioners/plaintiffs have assailed order dated 01.09.2025 of the learned trial court, whereby the learned trial court appointed Local Commissioner to ascertain status of construction, if any, or cultivation and particulars of the cultivator on the subject lands, which are situated in Odisha.
3. It is contended by learned counsel for petitioners/plaintiffs that the suit filed by the petitioners/plaintiffs being for specific performance simplicitor without seeking possession of the subject lands, Delhi Courts do have territorial jurisdiction.
This is a digitally signed order.
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4. In this regard, the petitioners/plaintiffs and the respondents/defendants have rival claims of possession over the subject lands. Apparently, that is the reason because of which learned trial court appointed Local Commissioner.
5. Learned counsel appearing for respondents/defendants on advance intimation accepts notice and seeks and is allowed four weeks to file reply.
6. Relist on 27.01.2026 in Advance List.
7. Learned counsel for petitioners/plaintiffs requests for stay on operation of the impugned order. But learned counsel for respondents/ defendants discloses that for deferment on operation of the impugned order, the petitioners/plaintiffs have already filed an application before the trial court. In other words, the petitioners/plaintiffs have approached this Court as well as the trial court for same relief. At this stage, learned counsel for petitioners/plaintiffs clarifies that he filed the application before the trial court informing the Court that he had initiated challenge to the impugned order before this Court.
GIRISH KATHPALIA, J SEPTEMBER 23, 2025/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 23/09/2025 at 22:55:41