MANMOHAN KUMAR vs NEELAM KHURANA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 27th November, 2025 Judgment pronounced on: 21st January, 2026 + CS(OS) 626/2023 with I.A. 19811/2023, I.A. 20465/2025, I.A. 20695/2025 & I.A. 26438/2025 MANMOHAN KUMAR .....Plaintiff Through: Mr. Arun Dhiman, Advocate. versus NEELAM KHURANA & ORS. .....Defendants Through: Mr. Gaurav Kumar and Mr. Pulkit, Advocates for D-3. Ms. Sangeeta Bharti, Standing Counsel (DJB) with Ms. Anju Shree Nair, Advocate. CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 19811/2023 (under Order XXXIX Rule 1 & 2 of the CPC) & I.A. 20465/2025 (under Order XXXIX Rule 4 of the CPC) 1. By way of the present judgment, I shall dispose of I.A. 19811/2023 filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) on behalf of the plaintiff and I.A. 20465/2025 filed under Order XXXIX Rule 4 of the CPC on behalf of the defendant no.3. 2. The present suit has been filed inter alia seeking the following reliefs: Signature Not Verified Signed By:VIVEK MISHRA CS(OS) 626/2023 Page 1 of 13 Signing Date:21.01.2026 16:14:01 a. declaration that the sale deed dated 19th September 1986 and other sale documents executed by the defendants no.1 to 4 are void, and b. permanent and mandatory injunction against the defendants no.1 to 4 from acting upon the aforesaid sale deed and other documents. CASE SETUP IN THE PLAINT 3. Brief facts stated in the plaint, which are relevant for deciding the present applications, are as follows: 3.1. The plaintiff’s father, Late Shri Madan Gopal Madhok, was the registered owner of the property bearing no. J-6/50, Rajouri Garden, New Delhi admeasuring 160 square yards (hereinafter ‘suit property’) through sale deed dated 21st August 1964. 3.2. The plaintiff is the