Sunny Marwah vs. Kartik Awasthy
AI Summary
In a civil suit before the Delhi High Court, the plaintiff, Sunny Marwah, sought a preliminary decree. The court has issued notice to the defendant, Kartik Awasthy, for the application, scheduling the next hearing for September 1, 2025. This order is a crucial procedural step in the ongoing litigation for the partition of property or other shared assets.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
eCourtsIndia AITM
Brief Facts Summary
The plaintiff, Sunny Marwah, has filed a civil suit, CS(OS) 331/2024, against the defendant, Kartik Awasthy, in the Delhi High Court. An application, I.A. 12547/2025, has been moved by the plaintiff under Order XX Rule 18 read with Section 151 of the CPC, seeking a preliminary decree. On May 20, 2025, the court heard the plaintiff's counsel and, as a procedural step, ordered that notice of this application be issued to the defendant for a response, with the next hearing scheduled for September 1, 2025.
Timeline of Events
Filing of the case (Filing Number 1023335/2024).
Registration of the case as CS(OS) 331/2024. Filing of I.A./9376/2024 and I.A./9377/2024 by Sunny Marwah.
First hearing date of the case and remark on I.A./9376/2024 and I.A./9377/2024.
Court hears I.A. 12547/2025 (preliminary decree application) and orders notice to the defendant.
Next scheduled hearing date for the case.
Key Factual Findings
An application for a preliminary decree (I.A. 12547/2025) has been moved by the plaintiff.
Source: Current Court Finding
The defendant, Kartik Awasthy, was not present during the hearing on 20.05.2025.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
The plaintiff, through counsel Mr. Sarim Naved, moved an application (I.A. 12547/2025) seeking the passing of a preliminary decree under Order XX Rule 18 read with Section 151 of the CPC, 1908. The specific grounds for seeking the preliminary decree are not detailed in this order, but generally relate to establishing rights or shares in a partition suit.
Respondent's Arguments
The respondent (defendant Kartik Awasthy) was not represented at the hearing, and therefore no arguments were presented on their behalf at this stage. The court has directed notice to be issued to the defendant to solicit their response.
Court's Reasoning
The court's reasoning for the present order is procedural. Having heard the plaintiff's counsel on the application for a preliminary decree, the court deemed it necessary to hear the defendant's side before making any decision. Thus, it directed the issuance of notice to the defendant through all permissible modes for a response, which is a standard principle of natural justice and due process.
- Emphasis on Natural Justice
- Strict Adherence to Procedure
Specific Directions
- 1.Notice of I.A. 12547/2025 be issued to defendant through all permissible modes, returnable on 01.09.2025, on plaintiff taking steps.
Precedential Assessment
Non-Binding (Procedural)
This is a purely procedural order directing issuance of notice and scheduling a next hearing. It does not lay down any new legal principle or interpret a statute in a novel way. Its application is limited to the specific parties and facts of this case.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
29 Apr 2024
Order Text
$~O-51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 331/2024
SUNNY MARWAH .....Plaintiff
Through: Mr. Sarim Naved, Adv.
versus
KARTIK AWASTHY .....Defendant
Through: None.
CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R % 20.05.2025
I.A. 12547/2025 (under Order XX Rule 18 read with Section 151 of CPC, 1908 seeking passing of preliminary decree)
-
Heard.
-
On plaintiff taking steps, notice of this application be issued to defendant, through all permissible modes returnable on 01.09.2025.
PURUSHAINDRA KUMAR KAURAV, J
MAY 20, 2025/
Click here to check corrigendum, if any
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 23/05/2025 at 13:00:27
Original Order Copy
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