BRIJ KISHORE PRASAD vs KIRAN DEVI

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12th January, 2026 CM APPL. 54284/2025 IN + RFA 760/2016 BRIJ KISHORE PRASAD .....Appellant Through: Mr. Shlok Chandra and Mr. Parikshit Singh Bhati, Advocates. versus KIRAN DEVI .....Respondent Through: Mr. Yashvir Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) CM APPL. 54284/2025 1. This application has been filed seeking early hearing of the present appeal. 2. For the reasons stated in the application, the application is allowed. The appeal is being taken up for hearing today. RFA 760/2016 3. The present first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, seeking setting aside of the impugned judgment and decree dated 2 nd April, 2016 passed by the Additional District Judge-01, South West, Dwarka District Courts, Delhi in Civil Suit No.3027/2014. 4. By way of the impugned judgment, the aforesaid suit filed on behalf Signature Not Verified Signed By:VIVEK RFA 760/2016 Page 1 of 6 MISHRA Signing Date:15.01.2026 10:50:07 of the respondent/plaintiff has been decreed and a decree of eviction and possession has been passed in favour of the respondent/plaintiff and against the appellant/defendant. 5. On 18th January, 2017, this Court had noted the submission of the respondent that in the execution proceedings filed by the respondent for execution of the impugned judgment, she and her family members have obtained possession of the suit premises and shifted there. A statement was given on behalf of the respondent that she would maintain status quo with regard to the title, possession and construction of the suit premises. 6. Subsequently, an application being CM APPL. 66347/2023 was moved on behalf of the respondent seeki