PARMESHWAR KUMAR BAGGA vs AVINASH BAGGA

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th March, 2025 + CM(M) 564/2025 PARMESHWAR KUMAR BAGGA .....Petitioner Through: Mr. Mrityunjay Kumar Singh with Mr. Saikat, Mr. Harsh Garg and Mr. Akash Soni, Advocates. versus AVINASH BAGGA .....Respondent Through: Mr. Naresh Thanai and Ms. Khushboo Singh, Advs. for Respondent. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 17561/2025(exemption) Exemption allowed, subject to all just exceptions. CM(M) 564/2025 1. Petitioner had filed a suit seeking recovery of possession and mesne profits and other reliefs. 2. When the above said suit was taken up by learned Trial Court on 01.07.2022, based on the statements made by the parties, the suit was disposed of and as compromised and a consent decree was directed to be prepared. 3. Later on, an application was filed before learned Trial Court under Section 151 read with Section 144 CPC by the plaintiff/petitioner with the prayer that the consent decree may be set aside. The above said application was dismissed by learned Trial Court on 20.09.2022.He is aggrieved by the Signature Not Verified Digitally Signed CM(M) 564/2025 1 By:SONIA THAPLIYAL Signing Date:27.03.2025 15:05:43 dismissal of his such application. 4. This Court has seen the averments made in the suit, the proceedings dated 01.07.2022 as well as averments made in the abovesaid application whereby petitioner had sought setting aside of such decree. 5. The suit is between the two real brothers and the petitioner had sought recovery of possession against his one brother Mr. Avinash Bagga. It is also apprised that during the pendency of the Suit, the other family members were also impleaded in the suit and admittedly, such added defendant No. 2 to defendant No. 4 relinquished th