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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 09.12.2025

Judgment pronounced on: 18.12.2025

+ RFA(OS) 51/2025 & CM APPL. 53041/2025 (Stay)

SIMI ARUN PANDEYA .....Appellant

Through: Mr. Rajesh Yadav, Senior

Advocate with Mr. Preet

Oberoi, Advocate.

versus

KUMUDINI MITTAL & ORS. .....Respondents

Through: Mr. Suryakant Singla, Senior

Advocate with Ms. Mayanka

Dhawan, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN

SHANKAR

J U D G M E N T

HARISH VAIDYANATHAN SHANKAR, J.

1. The present Appeal, filed under Section 96 read with Order XLI of the Civil Procedure Code, 1908, CPC and Section 10 of the Delhi High Court Act, 1966, seeks to set aside the Order dated 29.05.2025, Impugned Order passed by the learned Single Judge of this Court in I.A. No. 11590/2025 filed in CS(OS) 438/2022 titled as „Ms. Simi Arun Pandeya v. Mr. Amit Mittal‟. The said application was filed under

Order XII Rule 6 of the CPC by the Appellant/Plaintiff.

2. The sole issue that arose for consideration before the learned Single Judge, and which stands adjudicated in the Impugned Order, is the very issue that survives for determination in the present Appeal. As expressly and