$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 120/2024, CM APPL. 20722/2024 VASUDEV SHARMA .....Appellant Through: Mr. Chanderkant Tyagi, Advocate versus SH. SATPAL SHARMA & ORS. .....Respondents Through: Mr. Jatin Kalra, Mr. Kunal Bawa, Advocates for Respondent No. 5 CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.02.2026

1. The present appeal has been filed against the order dated 02.03.2024 passed by the learned ADJ-04, North West, Rohini Courts, Delhi, in CS DJ No. 931/2017, whereby the application filed by the appellant/plaintiff under Order IX Rule 9 CPC was dismissed.

By way of the said application, the plaintiff had prayed for setting aside of the earlier order dated 15.12.2022 dismissing the suit in default for non-appearance; however, the Trial Court declined to restore the suit to its original position.

2. Briefly stated, the background facts are that the appellant/plaintiff had filed the underlying suit on 30.10.2017 praying for a decree of declaration, partition, appointment of receiver, possession, and mandatory injunction against the respondents/defendants in respect of the suit property in Kanhaiya Nagar, Delhi. Upon completion of pleadings, issues were