SUDARSHAN RANI vs ANKUR SHARMA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 05.12.2025 Judgment pronounced on: 08.12.2025 + FAO 183/2023 & CM APPL 37836/2023 SUDARSHAN RANI .....Appellant Through: Mr. Arvind Kumar Gupta, Advocate. versus ANKUR SHARMA & ORS. .....Respondents Through: Mr. Subhash Kamboj, Advocate. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Order XLIII Rule 1(r) read with Section 151 of the Civil Procedure Code, 1908 (the CPC) assails the order dated 22.05.2023 passed by the trial court in Civil Suit No. 21/2022, whereby the application filed by plaintiff/appellant under Order XXXIX Rule 1 and 2 CPC was dismissed. 2. In the appeal, the parties herein shall be referred to in the same rank as they are arrayed in the suit. 3. Brief facts necessary to adjudicate this appeal are:-The Signature Not Verified FAO 183/2023 Page 1 of 7 Signed By:KOMAL DHAWAN Signing Date:09.12.2025 15:32:57 plaintiff instituted the suit asserting that she is a co-sharer in property bearing No. 137/1A, Gali No. 5, Than Singh Nagar, Anand Parbat, Delhi (the suit property), which originally belonged to her father, late Sh. Haveli Ram, who according to her died intestate on 02.02.1983. It is the plaintiff’s case that she had inherited half right in the said suit property upon the demise of her parents. It is also her case that, upon the death of her only sister, Kamlesh Sharma, (defendant no.1’s mother), on 09.09.2020, the plaintiff continued to retain her undivided share in the property and thus remained entitled to joint possession and enjoyment thereof. 3.1 As per the plaintiff’s case, she has been in possession of a room on the ground floor of the property where some of her belongings, particularly a box containing jewellery