JANAK TARA THR LRS vs KAUSHILYA DEVI & ORS.

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.12.2025 + CM(M) 2475/2025 JANAK TARA through LRs .....Petitioners Through: Mr. Sajjan K. Singh and Mr. Jaypreet Singh, Advocates versus KAUSHILYA DEVI & ORS. .....Respondents Through: None CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioners/plaintiffs have assailed order dated 20.01.2025 of the learned trial court, whereby the suit filed by them was stayed under Section 10 CPC on the basis of an earlier suit that was filed and is continuing in Gonda, U.P. Having heard learned counsel for petitioners/plaintiffs, I find it not a fit case to even issue notice. 2. Broadly speaking, the now deceased predecessor of the present petitioners filed the subject suit, seeking recovery of possession of the immovable property and cancellation of sale deed or any other document executed in the name of the present respondents, as well as for occupation charges and injunction. In the subject suit, the defence of the present CM(M) 2475/2025 Page 1 of 4 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15 570996b40f80cbd2eee60402c487965ff801 e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2025.12.22 14:19:12 -08'00' By:NEETU N NAIR Signing Date:22.12.2025 16:56:54 respondents was struck off, as submitted by learned counsel for petitioners/plaintiffs (though not mentioned in the impugned order). The present respondents filed an application seeking stay of trial of the subject suit on the ground that the present respondent no. 1 had already filed a suit for cancellation