R.N.SINGH vs MURARI MIRCHANDANI AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:20.08.2025 Judgment pronounced on: 08.09.2025 + FAO(OS) 34/2023 R.N.SINGH .....Appellant Through: Mr. Sanjiv Bahl, Mr. Ajay Bahl, Mr. Vikash Sharma, Ms Deepiksha Bhatt, Advs. versus MURARI MIRCHANDANI AND ORS .....Respondents Through: Mr. Arun Batta, Mr. Anurag Sharma, Mr. Abdul Vahid, Mr. Shivansh Jindal, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through this appeal under Section 10 of the Delhi High Court Act, 1966 and Order XLIII of the Code of Civil Procedure, 1908 [hereinafter referred to as the “CPC”], the Appellant [Defendant No.5 in the original Plaint] assails the Judgement dated 18.11.2022 passed by the learned Single Judge in CS (OS) No. 1081/2014 captioned Murari Mirchandani vs. Jatinder Sardana & Ors., wherein an application filed under Order VII, Rule 11 of the CPC filed by the Appellant/Defendant No.5 was dismissed holding that no ground was made out for rejection of the plaint, with cost of Rs. 1,00,000/-. Signature Not VerifiedFAO(OS) 34/2023 Page 1 of 17 Signed By:JAI NARAYAN Signing Date:09.09.2025 11:42:42 BRIEF FACTS: 2. Admittedly, Sh. Surender Kumar Sardana was the owner of the property bearing No. S-94, Panchsheel Park, New Delhi [hereinafter referred to as the „suit property‟], who passed away on 05.04.2011. He was a bachelor and died intestate, leaving behind only Class II legal heirs: i. Late Sh. Jatinder Sardana/Respondent No. 2 (Brother) ii. Ms. Sushma Dewan/Respondent No. 3 (Sister) iii. Late Ms. Sushila Arora/ Respondent No. 4 (Sister) iv. Late Ms. Pushpa Mediratta/ Respondent No. 5 (Sister). 3. It is the case of Sh. Raj Narain Singh/Appellant that Late Sh. Surender Sardana had executed