CHANDER MOHAN KHANDELWAL vs HEMANT WADHWA

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:19.05.2025 + C.R.P. 90/2019 & CM APPL. 17773/2019 CHANDER MOHAN KHANDELWAL ..... Petitioner versus HEMANT WADHWA ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. Rajeev Kumar & Ms. Nimmi Sinha, Advs. For the Respondent : Mr. Subhash Sharma, Adv. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the order dated 07.03.2019 (hereafter ‘impugned order”), passed by the learned Trial Court in CS No. 555/2017 (suit). 2. By the impugned order, the learned Trial Court dismissed the application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’). 3. The brief facts of the case are as follows: a. The suit was filed by the respondent, inter alia, seeking cancellation of Sale Deed dated 13.01.2016 (hereafter ‘the Sale Signature Not Verified Signed By:SANJAY KUMAR C.R.P. 90/2019 Page 1 of 26 Signing Date:22.05.2025 20:36:54 Deed’), which was registered on 28.01.2016, in respect of the suit property, that is, third floor of the property bearing no. C-126/B, Moti Nagar, New Delhi. By Sale Deed, the respondent had sold the suit property with roof rights to the petitioner for a sale consideration of ₹21,75,000/-. b. It is the case of the respondent that his father was the owner of the entire property bearing no. C-126/B, Moti Nagar, New Delhi. It is claimed that due to being deserted by his other family members after losing some investments, the petitioner started living with his father on the ground floor of the property. In July, 2014, the respondent came into contact with the petitioner, who has a business of fabrics, when he had gone to the petitioner’s shop. It is alleged that the petitioner lured the respond