SUBHASH WADHWA vs KULDEEP SINGH

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th February, 2025 + C.R.P. 164/2023 & CM APPL. 33254/2023 SUBHASH WADHWA .....Petitioner Through: Mr. Varun Mehlawat and Mr. Dhananjay Mehlawat, Advs. versus KULDEEP SINGH .....Respondent Through: Counsel (Appearance not given) CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The petitioner/ defendant has filed the present petition challenging the order dated 08.05.2023 (hereafter ‘impugned order’), passed by the learned Trial Court, pursuant to which the application filed by the petitioner under Order VII Rule 11 of the CPC in CS SCJ 705/2021 (hereafter ‘subject suit’), was dismissed. 2. Briefly stated, the land admeasuring 1 bigha 1 biswa, comprised in Khasra no. 48/20 Min, situated at Gali No. 2, Krishna Nagar, Border Road, Village Mamurpur, Narela, Delhi (hereafter ‘suit property’) was purchased through a Sale Deed Signature Not Verified Signed By:HARMINDER C.R.P. 164/2023 Page 1 of 8 KAUR Signing Date:04.03.2025 17:25:20 dated 08.02.2000, which got registered in the name of both petitioner and respondent. 3. The petitioner had filed a civil suit bearing no. 326/2001 for perpetual injunction alleging that the respondent had fraudulently inserted his name in the Sale Deed dated 08.02.2000 in regard to the suit property. The said suit was also filed against one Sh. Gurpreet Singh, alleging that he had fraudulently inserted his name in the General Power of Attorney dated 22.05.2000 in regard to the land admeasuring 7 biswas, 350 sq. yards bearing Khasra No. 48/11 Min, situated at Krishna Nagar, Village Mamurpur, Narela Delhi, which was registered in the name of the petitioner as well as Gurpreet Singh. The learned Trial Court dismissed the suit on merits vide order dated 13.05.2014. 4