MANJU LATA vs LAXMI DEVI

Judgment text excerpt

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20.08.2025 + MAT.APP.(F.C.) 72/2024 & CM APPL.13366/2024 (for interim stay) MANJU LATA .....Appellant Through: Ms. Priyanka Sinha, Advocate versus LAXMI DEVI .....Respondent Through: Mr. Manoj Kumar Duggal, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. The present appeal, filed under Section 19 of the Family Courts Act, 1984, challenges the order dated 05.12.2023 passed in CS No. 54/2023 captioned Smt. Laxmi Devi v. Smt. Manju Lata [hereinafter referred to as ‘the Civil Suit’]. Vide the impugned order, Civil Suit was partly decreed in favour of the Respondent [Plaintiff before the Trial Court] by granting her possession in respect of property bearing H. No. M-520, J.J. Colony, Shakurpur, Delhi-34 [hereinafter referred to as ‘the suit property’], along with mesne profits @ Rs. 1,500/- p.m. Additionally, the Appellant [Defendant before the Trial Court] was directed to hand over vacant and peaceful possession of the suit Signature Not Verified Digitally Signed MAT.APP.(F.C.) 72/2024 Page 1 of 7 By:HARVINDER KAUR BHATIA Signing Date:25.08.2025 10:29:31 property within a period of three months. 2. The brief facts leading to the present Appeal are that one late Mr. Puran Chand, husband of the Respondent, prior to his demise on 20.05.1997, bequeathed the suit property in her favour by way of a Will dated 11.05.1995. Consequently, the Respondent filed an Application for Probate bearing Probate Case no. 39/2009, which was subsequently allowed by the Probate Court on 20.07.2010, thereby granting the probate of Will dated 11.05.1995 qua the suit property and other moveable assets. 3. The Respondent, after obtaining a