VASDEV WADHWA vs LATE SH. RATTAN LAL ALIAS PINKI THROUGH HIS LRS & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 20st January, 2026 Pronounced on: 06thApril, 2026 + RFA 794/2025 SH. VAS DEV WADHWA S/o Late Shri. Bhagwan Das, R/o F-20, Second Floor, Lajpat Nagar-I New Delhi-110024 ..... Appellant Through: Mr. Avtar Singh, Adv. versus 1. Late Sh. Rattan Lal @ Pinki Through his LRs: (i) Mrs. Neelam W/o Late Sh. Rattan Lal (ii) Ms. Pooja D/o Late Sh. Rattan Lal (iii) Ms. Harshita D/o Late Sh. Rattan Lal (iv) Mr. Nitin S/o Late Sh. Rattan Lal All R/o A-24, First Floor, Gali No.8 Pratap Nagar, Mayur Vihar, New Delhi 2. SMT. KALAWANTI W/o Late Sh. Kishan Israni .... Respondents Through: Mr. Rishi Kant Mishra & Mr. Nishant Singh, Advs. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. Signature Not Verified Signed By:VIKAS RFA 794/2025 Page 1 of 24 ARORA Signing Date:06.04.2026 17:06:26 1. Regular First Appeal has been filed under Section 96 and Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") against the Judgment dated 27.03.25, passed by the learned District Judge, Delhi, whereby the Civil Suit filed by the Appellant/Plaintiff, for Mandatory Injunction, Recovery ofRs. 5,19,000/- along with pendente lite and future interest @18% per annum and unauthorized occupation charges @Rs.15,000/- per month, with effect from 11.11.2017,was partly decreed. 2. The Plaintiff/Appellant filed a Suit bearing No.161/2018 for Mandatory Injunction and Recovery of Rs. 5,19,000/- along with Mesne Profits. The facts as briefly stated in the plaint, are that the Appellant/Plaintiff, Sh. Vasdev Wadhwa, and the Respondents/Defendants are family members. Respondent No.1, Sh. Rattan Lal @ Pinki (since deceased)and Respondent No.2, Smt. Kalawanti are the brother and sister of the Plaintiff