POONAM BATRA vs ASHWANI KUMAR SHARMA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th April, 2025 + CS(OS) 167/2022 & I.A. 4370/2022 POONAM BATRA .....Plaintiff Through: Mr. Aditya Wadhwa, Mr. Shivansh Agarwal and Ms Ragini Kapoor, Advocates versus ASHWANI KUMAR SHARMA & ORS. .....Defendants Through: Mr. Satish Bajaj, Advocate for D-1 and D-2 Mr. Gaurav Sehdev, Advocate for D- 3 Mr. Rahul Chauhan, Advocate for D- 4 Ms. Rachita Garg, Advocate for D-5 CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % JUDGMENT MANMEET PRITAM SINGH ARORA, J: 1. The plaintiff, who claims to be the owner in possession of the property bearing Plot No. 154, Sector 17, Block A-2, Dwarka, New Delhi- 110075 admeasuring approximately 150 sq. yds. [‘suit property’], has filed the present suit seeking a decree of declaration that the purported sale deed dated 20.10.2017 [‘impugned sale deed’] qua the suit property, alleged to have been executed by one Mr. Pawan Kumar Garg/defendant no. 3 herein, Signature Not Verified Digitally Signed CS(OS) 167/2022 Page 1 of 20 By:MAMTA RANI in favour of one Mr. Ashwani Kumar Sharma/defendant no. 1, is forged, fabricated, non-est and illegal; and further that the mortgage created upon the suit property by defendant nos. 1 and 2 based on the impugned sale deed in favour of M/s Axis Bank Ltd./defendant no. 4, is also therefore illegal and non-est, and not binding upon the plaintiff. Additionally, the plaintiff has also sought a decree of permanent injunction restraining the defendants from interfering with the plaintiff’s ownership, possession and enjoyment of the suit property. Defendant no. 5 is the concerned Sub-Registrar, Sub-Division II-B, Janakpuri, where the sale deeds relied upon by the plaintiff and the impugned sale deed executed in favour of defendant no. 1 is registe