GANESH vs VANKETESH & ORS

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20.12.2025 + CM(M) 1724/2019 & CM APPL. 52038/2019 GANESH .....Petitioner Through: Mr. Sanjay Gupta, Advocate. versus VANKETESH & ORS .....Respondents Through: None. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/plaintiff has assailed order dated 11.03.2019 of the learned trial court, whereby application filed by the respondents/defendants under Order VIII Rule 1 CPC was allowed and their Written Statement was taken on record. 2. For past few dates, none was appearing on behalf of respondents, so vide order dated 27.11.2025, last opportunity was granted to respondents to join the proceedings and comparatively shorter dates were fixed keeping in mind age of the petitioner and his relation with the respondents. On 27.11.2025, it was made clear that if on the next date (18.12.2025) the respondents do not appear, matter would be decided on merits. Despite that CM(M) 1724/2019 Page 1 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, Signature Not Verified 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835 d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2ee e60402c487965ff801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2025.12.20 13:28:11 -08'00' By:NEETU N NAIR Signing Date:20.12.2025 14:39:12 on 18.12.2025, none appeared for respondents, so the matter was adjourned to this day, which is a working Saturday. Even today, none has appeared for respondents, so I have heard only learned counsel for petitioner. 3. It is contended on behalf of petitioner that the respondents are his sons, who have encroached upon the property owned by the petitioner and s