KANISHKA SABHARWAL vs SHRI SURESH KUMAR (SINCE DECEASED) THROUGH HIS LRS& ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 07th January, 2026 Pronounced on: 24th March, 2026 RFA 977/2025 & CM APPL. 66417/2025 KANISHKA SABHARWAL S/o Shri Daulat Ram, R/o Village Dungdhar Pori Garhwal, Uttarakhand .....Appellant Through: Mr. Pushpendu Shukla, Advocate Versus 1. SHRI SURESH KUMAR (SINCE DECEASED) THROUGH HIS LRS& ORS. i. Sh. Shashank@ Shan Bharti - (son) ii. Sh. Dinesh Kumar Bharti - (son) iii. Smt. Nirmala Bharti - (wife) 2. Shri Ram Shankar S/o Sh. Sardar Singh 3. Shri R.A. Siddiqui S/o Sh. M.A. Siddiqui 4. Shri Bajrang Garg S/o Sh. Panna Lal Garg 5. Shri Raghunandan @ Lucky S/o Sh. Jagat Ram RFA 977/2025 6. Shri Manoj Kumar S/o late Sh. Tara Chand 7. Shr. M.K. Singh S/o Sh. Bitto Singh 8. Shri Bijender Dabas S/o Sh. N.S. Dabas .....Respondents Through: None CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The Regular First Appeal is filed by the Appellant herein under Section 96 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), 1908, against the Order dated 01.07.2025 passed by the Ld. District Judge-06, Delhi thereby allowing Application under Order VII Rule 11 CPC r/w Section 151 CPC of