M/S SANGEETA LEASINGS & ANR. vs HEM MANOHAR & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 05.12.2025 Judgment pronounced on: 17.12.2025 Judgment uploaded on: 17.12.2025 + RFA(OS) 55/2024, CM APPL. 60014/2024, CM APPL. 60016/2024 M/S SANGEETA LEASINGS & ANR. .....Appellant Through: Mr. Sandeep P. Agarwal Sr. Adv. with Mr. Varun Shankar, Ms. Ishita Dhaiya, Advs. versus HEM MANOHAR & ORS. .....Respondents Through: Mr. Arjun Singh Bawa, Mr. Sahil Gupta, Ms. Apoorva Pradhan, Advs. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal, filed by the Appellants [Defendant Nos. 2 and 3 in the suit], assails the correctness of the judgment dated 28.06.2024 [hereinafter referred to as „Impugned Judgment‟] in CS(OS) 600/2019 whereby the learned Single Judge decreed the suit while allowing the application under Order XII Rule 6 of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟]. It was held that the Defendants were unauthorised occupants of the property bearing No. E-12/4, Vasant Vihar, New Delhi [hereinafter referred to as „suit property‟] since the demise of late Shri Manohar on 06.04.2017, and directed delivery of possession to the Plaintiffs. The Signature Not Verified Signed By:JAI NARAYAN Signing Date:17.12.2025 RFA (OS) 55/2024 Page 1 of 18 11:28:09 learned Single Judge further directed the Defendants to render accounts and pay mesne profits from the date of demise of late Shri Manohar till the date of recovery of possession. 2. The following substantial questions arise for consideration in the present Appeal: i. Whether the learned Single Judge was justified in decreeing the suit under Order XII Rule 6 of the CPC, notwithstanding the fact that the Defendants had seriously con