PRABHAT KATHURIA AND ORS vs ANJU BABBAR

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.09.2025 + FAO(OS) 105/2025 PRABHAT KATHURIA AND ORS. .....Appellants Through: Mr. Sahil Monga, Mr. Keshav Pandey and Ms. Kanishka Sharma, Advocates. versus ANJU BABBAR .....Respondent Through: Mr. Peeyoosh Kalra, Mr. Pranaya Goyal, Ms. Nehal Gupta and Ms. Ruchi Arya, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) ANIL KSHETARPAL, J. CM APPL. 59292/2025 (for exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. FAO(OS) 105/2025 3. The present Appeal has been preferred against the Orders dated 10.07.2025 and 17.07.2025, wherein the learned Single Judge made certain observations in relation to the I.A. 16058/2025 filed in CS (OS) No. 433/2025 titled as “Smt. Anju Babbar v. Sh. Prabhat Kathuria & Ors. [hereinafter referred to as ‘original suit’]. By way of the said impugned Orders, the learned Single Judge allowed the Signature Not Verified Digitally Signed By:HARVINDER KAUR FAO(OS) 105/2025 Page 1 of 4 BHATIA Signing Date:24.09.2025 18:32:03 restoration of the Respondent/Plaintiff’s right to permissive possession of the property bearing number 59/24, New Rohtak Road, Karol Bagh, New Delhi - 110005 admeasuring approximately 552 sq. yds. [hereinafter referred to as ‘suit property’]. 4. Vide the impugned Order dated 10.07.2025, the learned Single Judge directed the SHO to file a status report. Subsequently, vide impugned Order dated 17.07.2025, the learned Single Judge directed the restoration of possession of the suit property to the Plaintiff, without adjudicating the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’]. 5. For