DEVI CHARAN & ANR vs RANPAT SINGH & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11th November 2024 Judgment pronounced on: 5th March, 2025 + CM(M) 915/2019 & CM APPLs. 27448/2019 (stay), 35545/2019 (interim order) and 42429/2024 (U/o 22 Rule 3 CPC. DEVI CHARAN & ANR .....Petitioners Through: Mr. Jai Sahai Endlaw & Mr. Ashish Kumar, Advocates versus RANPAT SINGH & ORS .....Respondents Through: Mr. Varun Mehlawat, Advocate. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present petition has been filed under Article 227 of the Constitution of India by the petitioners, challenging the order dated 25.04.2019, passed by learned Additional District Judge (Central), Tis Hazari Courts, Delhi in Execution Petition No. 1089/2018, titled “Devi Charan & Anr. Vs. Ranpat Singh & Ors.” 2. Brief factual matrix is that petitioner filed a Suit bearing No. 13547/2016, seeking decree for possession in respect of portion marked with letters ‘E’,’F’,’G’ & ‘H’ and shown in red colour in the Signature Not Verified Digitally Signed By:SUNITA KUMARI CM (M) 915/2019 Signing Date:05.03.2025 Page 1 of 7 11:57:47 site plan of property No. 1, Under Hill Road, Civil Lines, Delhi- 110054, admeasuring about 305 sq. yards. The suit culminated in a decree dated 16.04.2018 in their favour, directing the respondents to handover the vacant and peaceful possession of the property i.e. land measuring 305 sq. yards in property No. 1, Under Hill Road, Civil Lines, Delhi, as shown in red colour in site plan Ex. PW-4/9 within a period of two months to the plaintiffs. 3. Respondents in their written statement, contested the claim on the ground that they had been in possession of 400 sq. yards of the suit property since 1937 and had acquired ownership right through adverse possession. The trial c