SHATRUGHAN PRASAD AND ORS vs RUPAN JAIN AND ORS

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd May, 2025 + CM(M) 959/2025 & CM APPL. 31514-31515/2025 SHATRUGHAN PRASAD AND ORS .....Petitioners Through: Mr. Satpal Singh, Advocate. versus RUPAN JAIN AND ORS .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners have taken exception to order dated 04.02.2025 whereby their objections filed under Order XXI Rule 97 CPC have been dismissed. 2. The execution is fallout of one suit filed by plaintiff (Mrs. Rupan Jain) in the year 2005. 3. She filed a suit for declaration, possession and injunction against six defendants and such suit was, eventually, decreed in her favour on 06.01.2016. According to her, she was owner of 1/5th share of the property in question which was situated at Old Rohtak Road, Sarai Rohilla, Delhi and was let out to one Sh. T.N. Bhaskar (predecessor-in-interest of defendant Nos.1 to 3). 4. There was also some dispute between the plaintiff and defendant Nos.4 and 5, which gave rise to another suit i.e. suit for partition. However, such suit for partition was disposed of as settled and a decree was, accordingly, passed on 13.02.1991. Signature Not Verified Digitally Signed CM(M) 959/2025 1 By:SONIA THAPLIYAL Signing Date:24.05.2025 12:32:31 5. All in all, the plaintiff had prayed for a decree of declaration that she continued to be the owner of the suit property and sought injunction against defendant Nos.1 to 3, restraining them from selling, transferring or parting with possession of the suit property and also sought a decree of possession qua defendant Nos.1 to 3. Such suit was contested by the defendants and after recording of evidence, the relevant issues were answered in favour of the plaintiff and she was, inter alia, held