SURAJ MUKHI vs KAPTAN SINGH & ORS.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 12th May, 2026 Pronounced on: 18thMay, 2026 + RSA 56/2026, CM APPL. 19173/2026 SURAJ MUKHI W/o Late Bijay Singh Rana R/o H.No.889, Main Palam Vihar Road, V.P.O. Bijwasan, New Delhi .....Appellant Through: Mr. Abhishek Kaushik, Mr.Shubham, Advocates Versus 1. KAPTAN SINGH S/o Late Suraj Bhan 2. HARI PARKASH S/o Late Suraj Bhan 3. RAME S/o Late Suraj Bhan All R/o Village Bijwasan, New Delhi .....Respondents Through: Mr. Ripu Daman Kaushik, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Second Regular Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) has been filed to challenge the Judgment dated 09.12.2025 of learned ADJ, who has upheld the Judgment dated 30.11.2022 of learned Civil Judge, who has dismissed the Suit of the Plaintiff/Appellant Signature Not Verified Digitally Signed By:ANIL RSA 56/2026 Page 1 of 9 KUMAR BHATT Signing Date:18.05.2026 16:31:18 for Permanent and Mandatory Injunction for protection of possession and construction of demolished wall, by the defendants. 2. The Plaintiff/Appellant Suraj Mukhi filed a Civil Suit No. 297/2018 for Permanent and Mandatory Injunction. 3. The facts in brief as narrated in the plaint are that the Plaintiff was the owner in possession of constructed house admeasuring 50 sq. yards out of Khasra No. 141 situated in Lal Dora Abadi, Village Bijwasan, New Delhi (hereinafter referred to as the “Suit Property”). Her husband Bijay Singh is the sibling of the Defendants, namely, Kaptan Singh, Hari Parkash and Rame. 4. The Suit Property was gifted to the Plaintiff and her husband late Bijay Singh Rana, by her father-in-law, late Sh. Bhartu Singh by virtue of GPA, Gift Deed, Affidavit and Will dated 20.08.19