SMT BHAWNA GUPTA vs SMT USHA GUPTA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 28th March, 2026 Pronounced on: 1st June, 2026 + RFA 273/2020, CM APPL. 28948/2020 & 29143/2020 SMT. BHAWNA GUPTA W/o Sh. Mukesh Gupta R/o 3rd Floor, Part of 44A, Khasra No. 1060/497, Ganesh Nagar -II Extension, Shakarpur, Village Mandawali, Fazalpur, Illaqua Shahdara, Delhi. .....Appellant Through: Ms. Charu Ambwani, Advocate with Appellant in person. versus 1. SMT. USHA GUPTA W/o Late Shri Madan Lal Gupta R/o 3750, Kucha Parmanand, Darya Ganj, New Delhi. 2. SH. MUKESH GUPTA S/o Late Shri Madan Lal Gupta Office at: DD Express, Shop No. 33, Bhagat Singh Market, Gole Market, New Delhi. R/o 3750, Kucha Parmanand, Darya Ganj, New Delhi. .....Respondents Through: Mr. Saurabh Agarwal, Mr. Manuj Kaushik and Mr. Karan Ahuja, Advocates for R-1 and Respondent No.2 through VC. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA Signature Not Verified RFA 273/2020 Page 1 of 13 Signed By:VIKAS ARORA Signing Date:02.06.2026 13:16:53 J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular First Appeal under Section 96 read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’) has been filed on behalf of the Appellant/Defendant No.2, Smt. Bhawna Gupta against ex-parte Judgment and Decree dated 05.03.2019, whereby the Civil Suit of the Plaintiff/Respondent No.1 Smt. Usha Gupta for Possession and Permanent Injunction, has been decreed. 2. The Plaintiff/Respondent Usha Gupta had filed Suit bearing CS No.629/17 for Possession and Permanent Injunction. 3. The facts, in brief, are that Defendant No.1/Respondent No. 2 Mr. Mukesh Gupta is son of Plaintiff/Respondent No. 1 Smt. Usha Gupta, who got married to Defendant No.2/Appellant Ms. Bhawna Gupta on 18.02.2003. After their marriage, Defendants started living with the Plaintiff, in her