SH SURENDER PAL GIRI vs SHRI RAJ KUMAR & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.01.2026 + FAO 168/2025 & CM APPLs. 38121/2025, 38124/2025 SH SURENDER PAL GIRI .....Appellant Through: Shri Puneet Kumar Saxena, Advocate versus SHRI RAJ KUMAR & ORS. .....Respondents Through: None. + FAO 193/2025 & CM APPLs.43118/2025, 43119/2025, 43120/2025 SHRI JAGDISH GOSWAMI ALIAS JAGDISH KUMAR GIRI .....Appellant Through: Shri Puneet Kumar Saxena, Advocate versus SHRI RAJ KUMAR & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present appeals have been preferred against the common order dated 28.03.2025, whereby the applications filed by the appellants under Order IX Rule 13 CPC were dismissed. The review application filed under Section 114 read with Section 151 CPC was also dismissed vide order dated Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:09.02.2026 19:44:33 FAO 168/2025 & FAO 193/2025 Pg. 1 of 7 02.05.2025. Since common submissions have been advanced in the context of Civil Suit No. 356/2011, titled Raj Kumar v. Om Prakash Giri, the present appeals are taken up together for consideration and are being disposed of by this common order. 2. The background facts in nutshell are: The respondents (plaintiffs in the suit) instituted a suit for recovery of Rs.19,04,000/- along with interest. In the plaint, it was averred that the defendants were owners in possession of land measuring 1750 sq. yards, forming part of land admeasuring 4 bighas 19 biswas in Khasra No.98, Abadi Village Gokalpur, Delhi, presently known as Ganga Vihar Colony (hereinafter referred to as the “suit property”). It was pleaded that, being desirous of purchasing the suit property, the parties entered into an agreement dated 14.10.2007 for a tota