NARENDER KUMAR GOLA vs KISHITIZ GOEL & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27th March, 2026 Pronounced on: 18th May, 2026 + RFA 472/2022 NARENDER KUMAR GOLA S/o Sh. Ram Kishan Gola, R/o S-39, 3rd Floor, Pandav Nagar, Delhi. .....Appellant Through: Mr. Praveen K. Chauhan, Ms. Deepti Dogra, Ms. Karishma Rao, Mr. Narender Chauhan and Ms. Garvita Verma, Advocates. versus 1. KISHITIZ GOEL 2. NILANSH GOEL Both S/o Sh. Shiv Sagar Goel, Both R/o J-3, Leela Homes, Sector-4, Vaishali, Ghaziabad, U.P. .....Respondents Through: Mr. Rishav Dubey and Mr. Manish Kumar, Advocates. Mr. Shaad Anwar, Ms. Shabnam Farooqui and Mr. Parvez Alam, Advs. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been preferred by the Plaintiff/Appellant Mr. Narendra Kumar Gola against the Judgment dated 22.02.2021 and Decree dated 30.10.2021, whereby the Signature Not Verified RFA 472/2022 Page 1 of 7 Digitally Signed By:ANIL KUMAR BHATT Signing Date:18.05.2026 16:28:38 Suit for Recovery of Rs.11,00,000/- filed by the Plaintiff under Order XXXVII of CPC, has been rejected, under Order VII Rule 11 of the CPC, by the Learned Additional District Judge. 2. The Brief facts as stated in the Plaint, were that Plaintiff was an absolute owner of Property bearing Plot No.4, Sector 4, Vaishali, Ghaziabad, Uttar Pradesh (hereinafter referred to as “Suit Property”). Subsequently, the Plaintiff entered into an Agreement to Sell dated 14.04.2019 for the Suit Property for a sale consideration of Rs.1,20,00,000/-, with the Defendants. However, at the time of execution of the Sale Deed dated 23.09.2019, the Defendants cunningly convinced the Plaintiff to show