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

Judgment text excerpt

* 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 Page 1 of 12 Signature Not Verified Signed By:VIKAS ARORA Signing Date:24.03.2026 17:04:00 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 Respondent No. 1 (through LRs and Respondents No. 6 to 8) and rejecting the Suit of the Appellant/Plaintiff for Declaration, Recovery of Possession, Mesne Profits and Permanent Injunction. 2. The Plaintiff/Appellant filed a CS No. 533/19, titled Kanishka Sabharwal vs. Shri Suresh Kumar and Ors. for Declaration, Recovery of Possession, Mesne Profits and Permanent Injunction. RFA 977/2025 Page 2 of 12 Signature Not Verified Signed By:VIKAS ARORA Signing Date:24.03.2026 17:04:00 3. The brief facts are th