LEELAWATI vs RAJIV KUMAR

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th, August, 2025 + CM(M) 1274/2025 & CM APPL. 42605-42606/2025 LEELAWATI .....Petitioner Through: Mr. Krishna Chandra Dubey, Mr. Ashok Kr. Singh, Mr. Abhishek Agarwal and Ms. Uma Tarafdar, Advocates versus RAJIV KUMAR .....Respondent Through: Mr. Akil Rataeeya and Mr. Movish Lohia, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner Smt. Leelawati is wife of judgment-debtor Sh. Munshi Lal and has taken exception to order dated 04.07.2025 whereby her petition filed under Order XXI Rule 99 CPC has been dismissed summarily. 2. In order to appreciate her contentions in effective manner, let me give a very brief backdrop of the factual aspects. 3. A suit was filed by one Sh. Rajiv Kumar (decree-holder) against Sh. Munshi Lal in the year 2022. 4. According to plaintiff Sh. Rajeev Kumar (respondent herein), he was the absolute and sole owner of property in question situated at Qutub Vihar, Phase-I, New Delhi. He submitted chain of the documents demonstrating as to how he became owner of the property. Lastly the aforesaid property was sold by Smt. Leelawati to Sh. Krishan Kumar on 07.05.2016 and plaintiff Signature Not Verified Digitally Signed CM(M) 1274/2025 1 By:DINESH CHANDRA Signing Date:30.08.2025 14:25:28 purchased the property from Sh. Krishan Kumar on 16.05.2019. 5. Based on the aforesaid documents and other averments, he sought possession, injunction and damages. 6. Defendant was, though, duly served in the aforesaid suit but despite grant of numerous opportunities, he did not defend the matter and did not even file any written statement and, eventually, on the basis of the evidence led by the plaintiff, a decree was passed in his favour, inter alia, for the possessio