MANUJA SHARMA vs RAHUL SHARMA & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.10.2025 Judgment pronounced on: 28.10.2025 + FAO(OS) 87/2025 & CM APPL. 47459/2025 MANUJA SHARMA .....Appellant Through: Mr. Rajan Sabharwal, Mr. Raghavv Sabharwal and Mr. Ayush Shirvastava, Advocates. versus RAHUL SHARMA & ANR. .....Respondents Through: Mr. Ajay Awasthi, Mr. Rishi Jaiswal and Mr. Kunal Singh, Advocates for R-1 Mr. Abhishek Shandilya, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Plaintiff/Appellant herein assails the correctness of an Order dated 27.05.2025 [hereinafter referred to as ‘Impugned Order’] passed by the learned Single Judge, whereby certain portion of the property being Serial Nos.1, 2 and 3 of Schedule-A of the Plaint is deleted from the scope of the Suit on the ground that the Appellant has come to the Court with unclean hands and the case put forth by the Appellant is bogus. This finding was arrived at during the preliminary stage of the Suit without granting Signature Not Verified FAO(OS) 87/2025 Page 1 of 9 Signed By:SAVITA PASRICHA Signing Date:28.10.2025 14:37:03 opportunity to the parties to lead evidence. 2. Herein, the parties shall be referred to by their status in the Suit, i.e., CS(OS) 610/2023. FACTUAL MATRIX: 3. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed. 4. The genealogy of the family reads as under: Late Sh. Devki Nandan Sharma Late Smt. Santosh Sharma Smt. Manuja Sh. Rahul Sharma Smt. Priyanka Sharma (Respondent Sadh (Respondent (Appellant) No.1) No.2) 5. The Plaintiff, Smt. Manuja Sharma, through Special Power of Attorney Smt. Sarita Sharma, filed a Su