VIBHUTI JAUHARI & ANR. vs ANITA MUNJAL AND ORS & ANR. & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:17.12.2025 Judgment pronounced on: 24.12.2025 Judgment uploaded on: 24.12.2025 + FAO(OS) 145/2025 VIBHUTI JAUHARI & ANR. .....Appellants Through: Mr. Krishnan Venugopal, Sr. Adv. along with Ms. Prity Sharma, Mr. Shikhar Shant, Mr. Ashwani Kaushik and Ms. Umang Motiyani, Advs. versus ANITA MUNJAL AND ORS. .....Respondents Through: Mr. Samrat Nigam, Sr. Adv. along with Mr. Ajay Dabas, Mr. Anand Dabas, Ms. Priyanka Dagar, Ms. Arpita Rawat, Mr. Ravi Dagar and Mr. Rishikesh, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, Appellants/Defendant Nos.1 and 2 assail the correctness of the Judgment dated 10.09.2025 [hereinafter referred to as „Impugned Judgment‟], whereby the learned Single Judge dismissed the Application filed by the Appellants under Order VII Rule 11 of the Code of Civil Procedure, 1908, [hereinafter referred to as „CPC‟]. Signature Not Verified Signed By:JAI NARAYAN Signing Date:24.12.2025 FAO(OS) 145/2025 Page 1 of 16 12:28:27 2. Herein, the parties shall be referred to by their status and ranking in the suit, i.e., CS(OS) No. 4/2020. FACTUAL MATRIX: 3. In order to comprehend the issues involved in the present case, relevant facts, in brief, are required to be noticed. 4. The genealogical chart of the family is extracted as under: 5. The present suit concerns disputes with respect to the following suit properties, namely: (i) Flat No. 115-D, Bathlas Co-operative Group Housing Society Ltd., Plot No.43, I. P. Extension, Patparganj, Delhi, in respect whereof payments were made during the period 1984-1992 [hereinafter referred to as „Bathla Property‟]; and (ii) Plot No.91, Maulsari Road, DL