PRAJAPITA BRAHAM KUMARI ISHWARIYA VISHAV VIDYALAYA vs SUMAN LATA DHAR & ANR

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.05.2025 + C.R.P. 162/2025 & CM Appl.33459/2025 PRAJAPITA BRAHAM KUMARI ISHWARIYA VISHAV VIDYALAYA .....Petitioner Through: Mr. J.P. Singh, Sr. Adv. with Mr. R.K. Arora, Advs. versus SUMAN LATA DHAR & ANR .....Respondents Through: Mr. Sandeep Khurana, Mr. Shiven Khurana and Mr. Manjit Singh, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM Appl. 33460/2025[Exemption from filing typed copies] 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. C.R.P. 162/2025 & CM Appl.33459/2025[Stay] 3. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning the order dated 07.04.2025 [hereinafter referred to as “Impugned Order”] passed by the learned District Judge-01, Shahdara District, Karkardooma Courts, Delhi. By the Impugned Order, the Application under Order VII Rule 11(d) read with Section 151 of the CPC filed by the Petitioner (Defendant before the learned Trial Court) has been dismissed. 4. The Respondents/Plaintiffs have filed a suit for possession, damages and permanent injunction in respect of property bearing no. 1504 (Old No.) Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:30.05.2025 C.R.P. 162/2025 Page 1 of 3 20:08:52 changed to property bearing no. 1/9378, built on land measuring 110 sq. yards, situated at Gali No.7, Shahi Mohalla, West Rohtash Nagar, Shahdara Delhi-110032 [hereinafter referred to as suit property”]. 4.1 It is the case of the Respondens/Plaintiffs that their father was the lawful and absolute owner of the suit property, having purchased the same through a registered sale deed dated 19.08.1964. 5. It is contended by the Pe