ASHWANI KUMAR SRIVASTAVA vs AKHILESH SRIVASTAVA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 672/2019, CM APPL. 33104/2019, CM APPL. 40511/2025 & CM APPL. 40512/2025 ASHWANI KUMAR SRIVASTAVA .....Appellant Through: Mr. Sarvesh Singh, Mr. Rajesh Kumar and Mr. Deepak Chand, Advocates Mob: 9911004257 Email: [email protected] versus AKHILESH SRIVASTAVA .....Respondent Through: Mr. Jai Wadhwa and Mr. Ronak Karanpuria, Advocates Email: [email protected] Mob: 9599651116 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 10.09.2025 1. The present appeal has been filed under section 96 of the Code of Civil Procedure, 1908 (“CPC”), against the judgement and decree dated 28th May, 2019, passed by the Court of Additional District Judge – 03, Shahdara, Karkardooma Courts, Delhi, in Civil Suit No. 547/2016. The suit was filed by the appellant/plaintiff seeking possession, mesne profits and permanent injunction, in relation to property bearing no. B-200, Gali No. 6, Hardev Puri, Delhi – 110093 (“subject property”), against the respondent, who is his brother. The appellant claimed to have purchased the subject property from his mother, i.e., Shakuntala Srivastava. Signature Not Verified Digitally Signed RFA 672/2019 Page 1 of 23 By:HARIOM SHARMA Signing Date:10.09.2025 21:07:12 2. The Ld. Trial Court, by way of the impugned judgement dated 28th May, 2019, dismissed the suit of the appellant herein, on the ground that the plaintiff/appellant had failed to discharge the burden of proving his ownership with respect to the subject property. 3. The case, as put forth by the appellant, is as follows: 3.1 The appellant bonafidely purchased the subject property from Smt. Shakuntala Srivastava, his mother, by virtue of a Sale Deed dated 27th October, 1995, and for a valid sale consideration. The appellant is residing on th