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Rakesh Kumar Sachdeva vs Rajesh Sachdeva on 18 July, 2025

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~255

                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         RFA 642/2025, CM APPL. 42538/2025, CM APPL. 42539/2025
                                    RAKESH KUMAR SACHDEVA                     .....Appellant

                                                                  Through:            Mr. Biraja Mahapatra and Mr. Nalin
                                                                                      Hingorani, Advocates alongwith
                                                                                      appellant.
                                                                  versus

                                    RAJESH SACHDEVA                                                                 .....Respondent

                                                                  Through:            Mr. Ravi Gupta, Sr. Adv. with Mr.
                                                                                      Vivek Singh, Ms. Ashu Arora and
                                                                                      Ms. Kirti Mewar, Advocates.
                                    CORAM:
                                    HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                 ORDER

% 18.07.2025 CM APPL. 42540/2025 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CM APPL. 42541/2025 (for condonation of delay in re-filing the appeal) By way of the present application filed under section 151 of the Code of Civil Procedure 1908 ('CPC'), the appellant seeks condonation of about 141 days' delay in re-filing the regular first appeal.

2. For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.

3. The application is allowed and disposed-of.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2025 at 22:12:49 CM APPL. 42542/2025 (for permission to file deficient court-fee)

4. By way of the present application filed under section 149 read with section 151 of the CPC, the appellant seeks time/permission to file the deficient court-fee.

5. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.

6. Let the deficient court-fee be filed within 04 weeks.

7. The application stands disposed-of.

CM APPL. 42538/2025 (for stay) CM APPL. 42539/2025 (for status-quo ante w.r.t. order dt. 10.02.2025)

8. By way of the present regular first appeal filed under Order XLI Rule 1 read with section 96 of the CPC, the appellant impugns judgment and decree dated 07.11.2024 passed by the learned District Judge, South, Saket Courts, New Delhi in suit bearing CS DJ No. 9302/2016.

9. Issue notice.

10. Mr. Vivek Singh, learned counsel appears on behalf of respondent on advance copy; and accepts notice.

11. Since, Mr. Ravi Gupta, learned senior counsel appearing for the respondent, has expressed serious reservation that the appellant would not be able to deposit the court-fee, in view of the orders passed against the appellant in the execution proceedings, the appeal is not being admitted for hearing as-of-now.

12. Mr. Gupta has also drawn attention to the fact that, in the suit seeking recovery of possession and mesne profits, possession has already been taken by the respondent.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2025 at 22:12:49

13. Mr. Gupta also points-out that the foundation of the appellant's defence in the possession suit was that the respondent did not have 'title' to the suit property. Learned senior counsel submits that the issue concerning the respondent's title was also the subject matter of suit bearing No. CS SCJ 1278/2022; however, the said suit stands dismissed as being time-barred vide judgment dated 09.07.2025 rendered on an application under Order XII Rule 6 of the CPC. A copy of the judgment has been handed-over in court today.

14. Mr. Gupta argues that in view of dismissal of the above-referred suit, the foundation of the appellant's defence in the possession suit also stands negated.

15. Let a copy of the judgment dated 09.07.2025 passed in CS SCJ No. 1278/2022 be placed on record within 02 weeks.

16. Let trial court record be requisitioned in electronic form; and copy of TCR be supplied to counsel on request.

17. Re-notify on 17th October 2025 before the learned Joint-Registrar for completion of pleadings in the applications.

18. No reply is required in the appeal.

19. List before court thereafter.

20. It is made clear that there is no stay of operation of the judgement and decree dated 07.11.2024.

ANUP JAIRAM BHAMBHANI, J JULY 18, 2025 V.Rawat RFA 642/2025 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2025 at 22:12:49