SUMAN SINGH VIRK & ANR. vs DEEPIKA PRASHAR & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:01.08.2025 Judgment pronounced on: 18.08.2025 + RFA(OS) 61/2024, CM APPL. 65523/2024, CM APPL. 65526/2024, CM APPL. 5802/2025, CM APPL. 5821/2025, and CM APPL. 35594/2025 SUMAN SINGH VIRK & ANR. .....Appellants Through: Mr. Tanmaya Mehta, Mr. Anirudh Bhatia and Ms. Shreya Sethi, Advs. versus DEEPIKA PRASHAR & ANR. .....Respondents Through: Mr. Sanjay Gupta, Mr. Ateev Mathur and Mr. Anmol Sharma, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal has been filed by the Appellants under Section 96 read with Order XLI Rule 1 read with Section 151 of the Code of Civil Procedure, 19081 read with Section 10 of the Delhi High Court Act, 1966 assailing a judgment dated 04.10.2024 [hereinafter referred to as ‘Impugned Order’] passed by the learned Single Judge in CS(OS) 71/2015 captioned Deepika Prashar & Anr. 1 CPC Signature Not Verified Signed By:JAI NARAYAN RFA (OS) 61/2024 Page 1 of 10 Signing Date:18.08.2025 12:22:15 vs. Suman Singh Virk & Anr. 2. By the said Judgment, the learned Single Judge decreed partition of property being L-1/8, South Extension Part-II, New Delhi [hereinafter referred to as ‘suit property’] and directed the Appellants (Defendants before the learned Single Judge) to handover possession of one-half (1/2) of the fourth floor of the suit property to the Respondents (Plaintiffs before the learned Single Judge). By the Impugned Order, the Appellants/Defendants were further directed to pay mesne profits of Rs.48,000/- per month from 07.01.2015, i.e. the date of institution of the suit till delivery of vacant and physical possession, along with interest at the rate of 6% p.a. Additionally, the lea