YASHPAL SACHDEVA & ANR vs SUNIL RELLI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 30th January, 2025 + C.R.P.54/2019 & CM APPL.8703/2019 1. YASHPAL SACHDEVA S/o Shri Bhim Sain Sachdeva R/o 13/172, Malviya Nagar, New Delhi-110017. 2. DINESH KUMAR ARORA S/o Late Shri Raj Pal R/o N-24, 1st Floor, Malviya Nagar, New Delhi-110017. ..... Petitioners Through: Mr. Anil K. Khaware, Ms. Azma Zaidi and Mr. Yogendra Kumar, Advocates. versus SUNIL RELLI S/o Late Shri T.D. Relli R/o 10/135, Malviya Nagar, New Delhi-110017. ..... Respondent Through: None. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. A Civil Revision Petition under Section 115 of the Code of Civil Signature Not Verified Digitally Signed C.R.P.54/2019 Page 1 of 9 By:VIKAS ARORA Signing Date:30.01.2025 18:51:27 Procedure, 1908 (hereinafter referred to as “CPC”) has been filed on behalf of the Revisionists (who are Defendant No.1 & 2 in the Main Suit) to assail the Order dated 17.01.2019 vide which the Application under Order VII Rule 11 (a), (b) and (d) of CPC filed by them respectively, have been dismissed. 2. Briefly stated, the Plaintiff-Sunil Relli (Respondent herein) had filed a Suit for Declaration of the Sale Deed dated October, 2011 executed by Defendant No.3-Shri Nand Gopal Gandham (since deceased) through his attorney, Defendant No.2-Shri Dinesh Arora (Petitioner No.2 herein) in favour of Defendant No.1-Shri Yashpal Sachdeva (Petitioner No.1 herein) in regard to Shop No.C-51, Malviya Nagar, New Delhi (hereinafter referred to as “Suit Shop”) as null and void. The other reliefs sought were Decree of Possession, Prohibitory and Mandatory Injunction and a Money Decree. However, all these other reliefs are predicated on the Sale Deed. 3. The grounds on which rejection of Suit was sought were, firstl