RAM ASHRYA UPADHYAY & ANR vs VIJAY NARAIN UPADHYAY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 16th March, 2026 Pronounced on: 29th June, 2026 + RSA 19/2017, CM APPL. 1905/2017 (stay) 1. RAM ASHRYA UPADHYAY S/o Sh. Devender Upadhyay ....Appellant No.1 2. KRISHNA NAND UPADHYAY S/o Sh. Devender Upadhyay R/o RZ-H-141, Raj Nagar, Part-II Palam, New Delhi ....Appellant No.2 Through: Mr. Jitender Saini, Advocate. versus VIJAY NARAIN UPADHYAY S/o Kanshi UPadhyay R/o 109, Maha Mandir, Munirka New Delhi-110076 .....Respondent Through: Counsel for Respondent (appearance not given) CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the Appellants assailing the Judgment and Decree dated 24.08.2016 whereby the learned Additional District Judge, Delhi in RCA No.13/2014, has affirmed the Judgment and RSA 19/2017 Page 1 of 16 Signature Not Verified Signed By:VIKAS ARORA Signing Date:29.06.2026 16:54:33 Decree dated 28.02.2013 of the learned Civil Judge in Civil Suit No.640/2012, decreeing the Suit for Possession, Damages and Mesne profits. 2. The Respondent/Plaintiff instituted a Civil Suit No.640/2012 for Possession, Damages and Mesne Profits in respect of property bearing No. RZ-H-141, Raj Nagar Part-II, Palam, New Delhi, measuring approximately 150 square yards (hereinafter referred to as the “Suit Property”). 3. The facts in brief are, that the Plaintiff had purchased the Suit Property from one Smt. Saroj Chopra on 24.11.1984 through a set of documents comprising General Power of Attorney, Agreement to Sell, Receipt, Affidavit and Will. It was a vacant plot, possession of which was delivered to him on which he constructed three rooms, one kitchen, latrine, bathroom on t