DR. ARUN NARULA vs U.S. BAL (DECEASED THROUGH HIS LRS) & ANR.

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11.09.2025 + CM(M) 2263/2024 & CM APPL. 19754/2024 (stay) DR. ARUN NARULA .....Petitioner Throughs: Mr. Dhruv Madan and Mr. Shivanshu Gusain, Advocates versus U.S. BAL (DECEASED THROUGH HIS LRS) & ANR. .....Respondents Through: Mr. Brijender S. Dhull and Mr. Manjeet Singh Bal, Advocates CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner (defendant in the suit) has assailed order dated 20.03.2024 of the learned trial court whereby application of the present respondents (plaintiffs in the suit) for permission to lead rebuttal evidence was allowed. I have heard learned counsel for both sides. 2. Broadly speaking, in the suit for recovery of possession of immovable property alongwith other reliefs including mesne profits, the major defence of the present petitioner was that the subject property is situated in Khasra No. 26, Village Saidulajab, MB road, New Delhi and not in Khasra No. 27 CM(M) 2263/2024 Page 1 of 5 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb48 35d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2 eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Signature Not Verified Date: 2025.09.11 16:56:48 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:11.09.2025 17:40:16 as claimed by the present respondents. The present petitioner placed reliance on demarcation report of 2003 and PWD report dated 16.04.2018 to prove that the subject property falls in Khasra No. 26. 3. The present respondents sought permission to lead rebuttal evidence by summoning and examining the Tehsildar to bring on record th