DEVKI NANDAN & ANR. vs CAPRI GLOBALHOUSING FINANCE COMPANY LTD & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27.01.2026 Date of decision: 16.02.2026 + W.P.(C) 6059/2024 DEVKI NANDAN & ANR. .....Petitioners Through: Mr. Vineet Roy, Adv.(VC) versus CAPRI GLOBAL HOUSING FINANCE COMPANY LTD & ORS. .....Respondents Through: Mr. Shekhar Aggarwal, Adv./R1(VC) CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT 1. The present petition under Article 226 of the Constitution of India assails the order dated 16.02.2024 passed by the Debts Recovery Appellate Tribunal (DRAT), New Delhi in Misc. Appeal No. 132/2023 titled ‘Devki Nandan & Anr. v. Capri Global Home Finance Ltd. & Ors.’, and further seeks restraint against Respondent No.1 and its agent/Receiver from taking possession of property bearing No. 20, out of Khasra No. 93/2, Lal Dora of Village Azad Pur, Mandir Wali Gali, North West Delhi–110033 (hereinafter, “the subject property”). 2. Petitioners claim to be absolute owners in possession of the subject property by virtue of a registered Sale Deed dated 05.11.1999 executed by their grandfather, namely Shri Galli Ram. It is the case of the Petitioners that at the time of purchase, the property comprised a building consisting of a ground floor and first floor. Thereafter, the existing structure was demolished and Signature Not Verified W.P.(C) 6059/2024 Page 1 of 5 Signed By:ROHIT SAIN Signing Date:16.02.2026 04:46:20 reconstructed up to three floors, allegedly after the Petitioners availed a loan of Rs. 10,00,000/- from Allahabad Bank against a mortgage deed registered on 20.09.2002. 3. It is on 08.06.2022, officials of the Respondent No. 1/Financial Institution visited the subject property and called upon them to vacate the same on the ground that the property stood mortgaged by Respondent