$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 1123/2025 AAKASH HEALTHCARE PRIVATE LTD & ANR.

.....Appellants Through: Mr. Anunaya Mehta, Mr. Vidhan Malik and Mr. Anaditya Tamal, Advocates.

versus BASANT KUMAR TIWARI & ORS.

.....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 10.12.2025 CM APPL. 77947/2025 (exemption)

Exemption granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

The application stands disposed-of.

CM APPL. 77948/2025 (exemption from filing the trial court record)

By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellants seek exemption from filing the entire trial court record.

2. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.

3. Let trial court record be requisitioned in electronic form; and copy of TCR be supplied to counsel on request.

4. The application stands disposed-of.

RFA 1123/2025 & CM APPL. 77949/2025 (stay)

5. By way of the present regular first appeal filed under section 96 of the CPC, the appellants impugn judgment and decree dated 31.07.2025 passed by the learned District Judge-04, South-West District, Dwarka Courts, New Delhi in suit bearing CS DJ ADJ No. 468/2022.

6. Issue notice.

7. Upon the appellant taking steps, let notice be sent to the respondents by all permissible modes, returnable for the next date.

8. Let the notice indicate that reply to CM APPL. No.77949/2025 be filed within 06 weeks of service; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copy to the opposing counsel.

9. No reply is required in the appeal.

10. Re-notify on 09^th March 2026 before the learned Joint-Registrar for completion of service; and for completion of pleadings in CM APPL.

No. 77949/2025.

11. List before court thereafter.

12. In the meantime, subject to the appellants depositing the entire decretal amount alongwith interest upto-date with the Registrar General of this court within 04 weeks from today, the effect and operation of the impugned judgment and decree shall remain stayed, till the next date of hearing before this court.

13. The Registrar General is directed to retain the amount deposited in the form of a fixed deposit in a nationalised bank, initially for a period of 01 year; to be renewed for the same period from time-to-time, without awaiting any further directions from this court in that behalf, unless otherwise directed by the court.

14. The Registry is directed to bring to the notice of this court any non-

compliance with the directions issued above.

ANUP JAIRAM BHAMBHANI, J DECEMBER 10, 2025 V.Rawat