MS POOJA ARORA & ANR. vs MEENAKSHI GUPTA

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 04.12.2025 + FAO 165/2023 and CM APPL. 35362/2023 & CM APPL. 35363/2023 MS POOJA ARORA & ANR. .....Appellants Through: Mr. Dhiraj Sachdeva, Advocate. versus MEENAKSHI GUPTA .....Respondent Through: Mr. Rajesh Rai and Ms. Amisha Ray, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Order XLIII Rule 1(r) of the Civil Procedure Code, 1908 (the CPC), assails the order dated 08.06.2023 passed by the learned ADJ-06, West District, Tis Hazari Courts, Delhi in CS No. 1032/2022, whereby the trial court directed the parties to maintain status quo in respect of the suit property. 2. In the appeal, the parties herein shall be referred to in the Signature Not Verified Signed By:KOMAL DHAWAN FAO 165/2023 Page 1 Signing Date:05.12.2025 14:37:44 same rank as they are arrayed in the original suit. 3. Brief facts necessary for adjudicating this appeal are as follows:- The sole plaintiff/respondent instituted a suit seeking cancellation of a Sale Deed dated 17.02.2021 executed in favour of defendant no. 1/appellant no. 1 herein, along with reliefs of possession and permanent injunction. The plaintiff claims title to the suit property through a registered sale deed dated 04.03.2021 and asserts that she was in control of the suit property prior to the alleged acts of trespass and demolition attributed to defendant no. 2/appellant no.2, leading to complaints to the local police. 3.1. It is the defendants’ case that defendant no. 1 is the lawful owner of the suit property by virtue of Sale deed dated 17.02.2021, which was executed by the erstwhile owner Shri B.D. Kakkar. They assert that they have been in continuous, peaceful and uninterrupted pos