SONIA JOKHANI vs JUGAL KISHORE JOKHANI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 05.08.2025 Judgment delivered on: 28.08.2025 + RFA(OS) 17/2024 SONIA JOKHANI .....Appellant Through: Mr. Sacchin Puri, Senior Advocate with Mr. Varun Jain, Mr. Navin Kumar, Mr. Rohit Pal, Mr. Sonu Kumar, Ms.Mehak Ghaloth and Mr.Priyanshu, Advocates versus JUGAL KISHORE JOKHANI & ANR. .....Respondents Through: Ms. Tanishka, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT HARISH VAIDYANATHAN SHANKAR J. 1. The present Appeal, instituted under Section 96 of the Code of Civil Procedure, 19081, impugns the Judgement dated 12.03.20242 passed by the learned Single Judge of this Court in CS(OS) No. 433/2018 titled as “Sonia Jokhani v. Jugal Kishore Jokhani & Anr.”. By the said Judgment, the learned Single Judge allowed I.A. No.14230/2019 filed by the Respondents/ Defendants under Order VII 1 CPC 2 Impugned Judgement Signature Not Verified Digitally Signed By:HARVINDER KAUR RFA(OS) 17/2024 Page 1 of 24 BHATIA Signing Date:29.08.2025 12:38:59 Rule 11 of the CPC, and consequently rejected the plaint under clauses (a) and (d) thereof, holding that no cause of action had accrued in favour of the Appellant/Plaintiff therein and that the suit was barred by limitation. BRIEF FACTS: 2. The Appellant and the Respondents are siblings, and the present appeal emanates from a property dispute concerning premises situated at H-59, Kirti Nagar, New Delhi-110013, admeasuring approximately 300 sq. yards, which had been purchased on 03.05.1961 by Late Shri Nandlal Jokhani (father of the parties) in the name of his mother, Late Smt. Lachmi Devi (grandmother of the parties). Shri Nandlal Jokhani passed away intestate on 26.12.1982. 3. On 13.08.1985, Smt. Lachmi Devi exec