MANOJ GARG vs SAMAY GARG AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 04.08.2025 + FAO(OS) 85/2025, CM APPL. 47134/2025, CM APPL. 47135/2025 and CM APPL. 47136/2025 MANOJ GARG .....Appellant Through: Mr. Vivek Garg and Mr. Sandeep Singh Nainwal, Advs. versus SAMAY GARG AND ORS .....Respondents Through: Mr. Shiv Charan Garg, Mr. Imran Khan and Ms. Jahanvi Garg, Advs. for R-1 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) ANIL KSHETARPAL, J. 1. The present Appeal under Section 10 of the Delhi High Court Act, 1966 read with Section 151 of the Code of Civil Procedure, 1908, [hereinafter referred to as the ‘CPC’] has been preferred by the Appellant (Defendant No.3) assailing the Order dated 20.05.2025 [hereinafter referred to as the ‘Impugned Order’] passed by the learned Single Judge in IA No. 17285/2023 in CS (OS) 275/2022, titled Shri Samay Garg v. Shri Ram Rattan Gupta & Ors. whereby the Appellant’s application under Order VII Rule 11 of the CPC, seeking rejection of the plaint at the threshold, was dismissed. Signature Not Verified Signed By:JAI FAO(OS) 85/2025 Page 1 of 7 NARAYAN Signing Date:05.08.2025 15:24:46 2. The brief facts leading to the present Appeal, as pleaded, are that the Respondent No.1/Plaintiff filed a suit seeking the following reliefs:- (i) Pass a decree of Declaration in favour of the plaintiff and against the defendants, declaring the plaintiff as owner of the suit property land measuring in property bearing Khasra No. 79/1 min (New) and 293/1 min (Old) Khasra No. 1159/427, admeasuring 856 sq. yds situated at village Shahpur, Daulatpur, Delhi as shown in Red Colour in the site plan. (ii) A decree of declaration may be passed whereby fard showing the name of defendants No. 2 and 5 as still owne