NARESH GUPTA & ANR. vs NIKHIL@NIKHIL KUMAR & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 09.02.2026 Pronounced on: 15.04.2026 + RFA (OS) 30/2025& CM APPL. 29355/2025 NARESH GUPTA & ANR. .....Appellants Through: Mr. Harish Malhotra, Sr. Adv. with Mr. A. Maitri, Ms. Radhika Kushaldas & Ms. Parul Sharma, Advs. versus NIKHIL@NIKHIL KUMAR & ORS. .....Respondents Through: Mr. Sandeep Sharma, Sr. Adv. Ms. Kanchan Semwal, Mr. Piyush Choudhary, Mr. Praveen Kr., Ms.Ruheena & Ms. Ragini, Advs./R1 Mr. Vikas Gautam, Adv./R2&3 Mr. Neeraj Kumar, R4/DDA CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT 1. The present appeal has been filed under Section 10 of the Delhi High Court Act, 1966 assailing the Judgment and Decree dated 02.04.2025 passed by the learned Single Judge in I.A. 17101/2023 of CS(OS) 20/2022 titled as Naresh Gupta & Anr. v. Nikhil @ Nikhil Kumar & Ors., whereby, the application filed by the respondents under Order VII Rule 11 read with Section 151 of the Code of Civil Signature Not Verified RFA(OS) 30/2025 Page 1 of 14 Signed By:PRIYADARSHANI JAIN Signing Date:15.04.2026 17:21:11 Procedure, 1908 (“CPC”) was allowed and consequently, the civil suit filed by the appellants was rejected under Order VII Rule 11(a) and (d) of the CPC. 2. The appellants and respondent Nos. 1 to 3 are the legal heirs of Late Shri Surendra Prakash Gupta. Earlier, a Civil Suit bearing No. 142/1995 was filed by the appellants and respondent Nos. 2 and 3 against Late Shri Surendra Prakash Gupta, thereby seeking declaration of co-ownership in respect of the Property No. 144, Deepali Pitampura, Delhi (“suit property”), which stood dismissed on 29.11.1995. The first appeal there against, being RCA No. 5/1996 was dismissed on 04.07.2001, and the second appeal RSA No. 143/2001 stands withdrawn on