LAXMI KUMAR KAPUR (DECEASED) THR LRS vs RAVI KAPUR & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 12th March 2026 Judgment pronounced on: 29th May 2026 + RFA 1022/2019 with CM APPL. 51637/2019 LAXMI KUMAR KAPUR (DECEASED) THR LRS .....Appellant Through: Mr. Siddharth Dutta & Mr. Pratyush Singh, Advocates. versus RAVI KAPUR & ANR .....Respondents Through: Mr. Naresh Thanai, Advocate for R-1. Mr. Sanjeet Malik, Advocate for R-2. (through VC). CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. The present appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) has been preferred by the appellants, i.e. legal representatives of original plaintiff, seeking the setting aside of the judgment and decree dated 30th August 2019 (hereinafter ‘impugned judgment’), passed by the ADJ-02, Rohini Courts, Delhi in CS No. 78742/2016 titled “Laxmi Kumar Kapur v. Ravi Kapur & Anr.” 2. By way of the impugned judgment, the suit filed by the plaintiff for partition, possession, declaration and mesne profits has been dismissed. 3. Brief facts necessary for deciding the present appeal are as follows: Signature Not Verified Signed By:AARZOO RFA 1022/2019 Page 1 of 15 Signing Date:29.05.2026 12:01:31 3.1. The original plaintiff and the defendants were siblings, being children of late Shri Jagdish Chandra Kapur (father) and Smt. Jaiwanti Kapur (mother). 3.2. The parents of the parties herein jointly owned property bearing no.C- 2/114, West Enclave, Pitampura, Delhi (hereinafter ‘suit property’) by virtue of a Conveyance Deed dated 21st November 1993. 3.3. Both parents executed Wills dated 20th April 2006 on identical terms, whereby each testator bequeathed his/her undivided share in the suit property in favour of the surviving spouse and thereafter provided for devolution of the property