OM PRAKASH AND ORS vs KISHAN CHAND

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st April, 2025 + CM(M) 526/2025 OM PRAKASH AND ORS .....Petitioner Through: Mr. Nikhil Choudhary, Advocate (Through VC) versus KISHAN CHAND .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 22818/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 526/2025 & CM APPL. 22753/2025 1. Present application has been moved seeking issuance of notice to the other side. The date stands preponed and the matter has been taken today itself. 2. This Court has gone through the impugned order dated 06.02.2025. 3. Admittedly, plaintiffs/petitioners had filed a civil suit seeking declaration and permanent injunction in the year 2013. Such suit was, eventually, dismissed by the learned Trial Court vide judgment dated 17.07.2015. 4. Such judgment and decree have been challenged by filing an appeal and such appeal (RCA SCJ No. 2/19) is pending adjudication before the learned First Appellate Court. 5. During pendency of the aforesaid appeal, plaintiffs/appellants moved Signature Not Verified CM(M) 526/2025 1 Digitally Signed By:SONIA THAPLIYAL Signing Date:23.04.2025 11:14:02 an application under Order VI Rule 17 r/w Section 151 CPC seeking amendment in the appeal as well as amendment in the plaint in order to place on record some subsequent events. According to them, a registered Sale Deed dated 01.06.2000 has been executed in favour of appellant no. 1 Om Prakash with respect to property in question and such subsequent development has altered the legal status of the suit property, thereby making the claim of the respondent untenable in law. 6. Such request has been declined by the learned First Appellate Court vide order dated 06.02.2025 while observin