KRISHAN KUMAR VATS vs SHRI SHOBHA RAM VATS & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 02.12.2025 Judgment pronounced on: 08.12.2025 + RFA(OS) 71/2025, CM APPL. 72395/2025 and CM APPL. 72396/2025 KRISHAN KUMAR VATS .....Appellant Through: Dr. Anand Duggal and Ms. Inderjot Kaur, Advs. versus SHRI SHOBHA RAM VATS & ORS. .....Respondents Through: Mr. Sachin Puri, Sr. Adv. along with Mr. Rakesh Sherawat, Adv. Mr. R. Ranjan, Adv. for R-2, 4, 5 and 6. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant assails the correctness of the judgment dated 10.10.2025 [hereinafter referred to as ‘Impugned Judgment’] passed by the learned Single Judge, whereby an application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’] by the Respondent Nos.1 & 3 [Defendant Nos.1 & 3 before the learned Single Judge] was allowed and the plaint filed by the Appellant [Plaintiff before the learned Single Judge] was rejected. Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:08.12.2025 RFA(OS) 71/2025 Page 1 of 12 17:21:36 2. For the sake of convenience, the parties before this Court shall be referred in accordance with their status and rank before the learned Single Judge. FACTUAL MATRIX: 3. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed. 4. The genealogy of the family reads as under: 5. It is claimed by the Plaintiff that somewhere in the 1950s, late Sh. Horam, father of the Defendant No.1 [hereinafter referred to as ‘Horam’] and his brother, late Sh. Pirthi Singh [hereinafter referred to as ‘Pirthi’] jointly purchased property admeasuring 530 sq. yds. bearing No.242, Hari