POONAM NARULA & ANR. vs BRAHM LAL

Judgment text excerpt

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30th July, 2025 + CM(M) 1401/2025 & CM APPL. 46079-46080/2025 POONAM NARULA & ANR. .....Petitioner Through: Mr. Abhishek Wadhwa, Mr. Saurabh Yadav, Mr. Rohit Taneja, Ms. Sonali Rawat and Ms. Somyaa Gurung, Advocates versus BRAHM LAL .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are aggrieved by order dated 02.07.2025 whereby their application moved under Order XLI Rules 27 & 28 r/w Section 151 CPC has been dismissed. 2. Petitioners herein were defending a suit for possession and damages/mesne profits filed by one Mr. Briham Lal. 3. Such suit has been dismissed by the learned Trial Court on 19.12.2024 and the defendants (petitioners herein) have already filed an appeal challenging the aforesaid judgment and decree. 4. According to the case set up by the plaintiff, defendants were tenants in the suit property whereas according to defendants, they had acquired the ownership of the suit property. 5. Fact, however, remains that both the aforesaid issues have been answered in favour of the plaintiff and, therefore, aforesaid appeal has been Signature Not Verified Digitally Signed CM(M) 1401/2025 1 By:SONIA THAPLIYAL Signing Date:01.08.2025 11:29:17 filed. 6. During pendency of the aforesaid appeal, petitioners filed an application under Order XLI Rules 27 & 28 r/w Section 151 CPC and claimed therein that they had, recently, come to know that plaintiff had executed title documents pertaining to suit property in favour of others. They claimed that the plaintiff has tried to sell off the suit property to different persons and such title documents were never presented or produced by them before the learned Trial Court and since, they had acquired knowledge ab