AJIT KUMAR vs M/S MONK TRADING PVT. LTD. AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 22.04.2026 % Pronounced on : 26.05.2026 Uploaded on : 26.05.2026 + FAO 8/2024 AJIT KUMAR .....Appellant Through: Mr. Praveen Suri, Mr. Rajneesh Verma, Advocates versus M/S MONK TRADING PVT. LTD. AND ORS .....Respondents Through: Mr. Vinay Kr. Garg, Sr. Advocate with Mr. Ayush Gupta and Mr. Kalandeep, Advocates for respondent No.1. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred under Section 104 read with Order XLIII Rule 1(d) CPC against the impugned order dated 09.12.2023 passed in Misc. No. 608/2022 titled “M/s Monk Trading Pvt. Ltd. v. Ajit Kumar”, by the Court of learned ADJ-06, Central District, Tis Hazari Courts, Delhi, whereby the appellant’s application under Order IX Rule 13 CPC seeking setting aside of the ex parte decree dated 09.05.2022 was dismissed. 2. Briefly stated, the respondent-M/s Monk Trading Pvt. Ltd. (hereinafter referred to as the ‘plaintiff’) had filed a suit seeking relief of Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 8/2024 Pg. 1 of 5 Signing Date:26.05.2026 19:58:01 possession, permanent injunction and mesne profits. In the suit, it was claimed that one Kale Ram was the owner of land measuring 31 bighas and 8 biswas situated in the revenue estate of Village Gadaipur, New Delhi (hereinafter referred to as the ‘suit property’). Upon his demise, the property devolved upon his legal heirs, including his sons namely Gyasi Ram, Shyam Lal and Rambal. Upon the demise of Rambal, his share devolved upon Rajbir Singh, son of Rambal. Thereafter, Rajbir Singh, vide two separate sale deeds, sold one-third share of the suit property to Daya Ram. As per the revenue records, Gyasi Ram, Shyam Lal and Daya Ram were recorded owners of equ