RTD. BRIG. S.C. KUTHIALA vs SH. RAJAN KUTHIALA & ORS.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Delivered on 10.01.2025 + CS(OS) 638/2021 & I.A. 15803/2021 RTD. BRIG. S.C. KUTHIALA .....Plaintiff Through: Mr. Ishan Jain and Mr. Yash Prakash, Advs. versus SH. RAJAN KUTHIALA & ORS. .....Defendants Through: Mr. Jai Sahai Endlaw, Adv. for D-1, 2, 4, 5 & 6 Mr. Bhuvanesh Sehgal and Mr. Shubham Arora, Advs. for D-3 Mr. Roopansh Purohit and Mr. Harsh Panwar, Advs. for D-10 & D-11 CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. I.A. 4189/2022 (under Order VII Rule 11 read with Section 151 by defendant nos. 1, 2, 4, 5 and 6) 1. By way of present application the above noted defendants / applicants have prayed for the rejection of plaint. 2. The plaintiff has filed the present suit with the following prayer:- “1. Declare the alleged sale deed dated 12.11.2012 beyond capacity of the vendors, therefore be declared null and void ab- initio, and not be used further by any of the defendant for any purpose whatever it may be, as title deed of the property, 40 Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 638/2021 Page 1 of 17 ASWAL Signing Date:08.02.2025 13:24:25 Babar Road, Bengali Market, New Delhi; 2. Cancel the alleged sale deed registered as document No. 23349 entered in additional Book No.-1, Volume-4592, at pages 31 to 41 on dated 12.11.2012 before Sub Registrar VII, New Delhi, fraudulently executed by defendant no 1 for and on behalf of defendant no. 2 to 9 in favour of the defendant No.11 – 12, in respect of the Suit property bearing No. 40 Babar Road, Bengali market, New Delhi, and restore the property in its original position prior to the said sale deed; 3. To declare defendant no. 1 & 2 have no right title interest or authority against any part of the property at plot no. 4