NARENDER KUMAR AGARWAL AND ORS. vs PRADEEP GUPTA AND ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 18th August, 2025 Date of Decision: 15th December, 2025 + CS(OS) 2495/2001 NARENDER KUMAR AGARWAL AND ORS. .....Plaintiffs Through: Mr. Arvind Kumar Gupta, Mr. Abhiesumat Gupta, Mr. Ishan Parashar and Mr. Arun Bhattacharya, Advocates versus PRADEEP GUPTA AND ORS. .....Defendants Through: Mr. Darpan Wadhwa, Senior Advocate with Mr. Amer Vaid, Ms. Divita Vyas, Mr. B.S. Mathur, Mr. Rajat Mathur, Mr. Pranjal Tripathi and Mr. Areen Gulati, Advocates for D-1. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. I.A. 507/2007 1. This application is filed on behalf of Applicant/Plaintiff No.5 Sh. Sushil Gupta for recall of judgment and decree dated 19.09.2006 passed on an application under Order XXIII Rule 3 CPC being I.A. No.10515/2006, purportedly jointly filed by Plaintiffs and Defendant No.1. 2. To the extent necessary, the facts are that Plaintiffs No. 1 to 5 and Defendants No. 3 and 4 are sons of late Sh. Radhey Lal Gupta. Defendants No. 5 to 7 are daughters and Defendants No. 1 and 2 are sons of Defendant No. 3. Plaintiffs No. 1 to 5 filed suit for partition, rendition of accounts and declaration qua two properties viz., (i) 188, Katra Beriyan, Fatehpuri, Delhi Signature Not Verified Digitally Signed By:KAMAL KUMAR CS(OS) 2495/2001 Page 1 of 41 Signing Date:17.12.2025 18:49:36 (‘Fatehpuri property’); and (ii) AG-63, Sanjay Gandhi Transport Nagar (‘Transport Nagar property’) through Sh. Sharad K. Agrawal and Sh. Atul Gupta, Advocates. Sh. Atul Gupta is the son of Sh. Mahesh Kumar Gupta, Plaintiff No. 4. Applicant herein, Sushil Gupta instituted the plaint and signed and verified the pleadings on his behalf and as authorized representative of Plaintiffs No. 1 to 4. 3. Summons were issued in th