KUSUM vs ASHOK KUMAR MUNNA

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 19.12.2025 + FAO 2/2025 and CM APPL. 303/2025 KUSUM .....Appellant Through: Ms. Sangeeta Chandra and Ms. Nidhi Garg, Advocates. versus ASHOK KUMAR MUNNA .....Respondent Through: Mr. Kshitij Mathur, Advocate. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. This appeal under order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 (the CPC) has been filed by the plaintiff in DJ 12/2021 on the file of the Court of Additional District Judge-01 (West), Tis Hazari Courts, Delhi aggrieved by the order dated 04.03.2024, by which three applications filed by the respondent/ defendant, one for review of the order dated 05.04.2022 by which the application under Order XXXIX Rules 1 & 2 was allowed; two Signature Not Verified Signed By:KOMAL FAO 2/2025 Page 1 DHAWAN Signing Date:22.12.2025 14:33:16 for modifying the order 05.04.2022 and an application under section 151 CPC was allowed. 2. In this appeal, unless otherwise specified, the parties will be referred to as described in the suit. 3. The plaintiff filed the aforesaid suit for declaration, possession and injunction alleging thus:- The defendant is the maternal uncle of the plaintiff. The suit property bearing no. F-28, Karam Pura, Delhi measuring 22 Sq. yards was purchased by the plaintiff’s mother, namely, Kanta Devi from Luddar, s/o Prabhu Dayal, R/o - F-28, Karam Pura, New Delhi through General Power of Attorney dated 12.06.1985. The mother of the plaintiff died on 09.05.2011 leaving behind her husband Om Prakash and her daughter, the plaintiff herein. The plaintiff’s father passed away on 02.12.2016 leaving behind the plaintiff as the sole legal heir of Kanta Devi. Thus, the plaintiff became the owner of the