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Madhavi And Anr vs Usha Kumari on 23 September, 2025

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~7

                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         RFA 850/2025
                                    MADHAVI AND ANR                   .....Appellants

                                                                  Through:            Mr. Arvind Kumar, Mr. Bhupender
                                                                                      Kumar and Ms. Sneha Upadhay,
                                                                                      Advocates.

                                                                  versus
                                    USHA KUMARI                                                                            .....Respondent

                                                                  Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                 ORDER

% 23.09.2025 CM APPL. 56895/2025(exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CM APPL. 56894/2025 (condonation of 11 days' delay in re- filing/removing objections) By way of the present application filed under section 5 of the Limitation Act 1963, the appellant seeks condonation of about 11 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 29/09/2025 at 21:40:36 RFA 850/2025 CM APPL. 56892/2025 (condonation of 121 days' delay in filing) CM APPL. 56893/2025 (ad-interim relief/injunction)

4. By way of the present regular first appeal filed under section 96 read with order XLI read with section 151 of the Code of Civil Procedure 1908, the appellants impugn judgment and decree dated 04.01.2025 passed by the learned District Judge-02, North-West District, Rohini Courts, Delhi in suit bearing CS NO. 1081/2018.

5. Mr. Arvind Kumar, learned counsel appearing for the appellants submits, that the appellants Nos. 1 and 2 are respectively the widow and son of late Sh. Bhupinder Singh; and the respondent is the mother-in-law of appellant No.1.

6. Counsel submits, that the other issues apart, it is their contention that the appellants are in use and occupation of the suit property by reason of the matrimonial relationship of appellant No.1 with son of the respondent; and since this matrimonial relationship was foundational to the status of possession, the suit filed by respondent could not have been entertained by the learned civil court; since only a Family Court has exclusive jurisdiction over such matters in view of section 7(1)(a) of the Family Courts Act, 1984.

7. Counsel places reliance on judgement of a Division Bench of this court in Geeta Anand vs. Tanya Arjun & Anr1 in support of his submissions.

8. In view of the above, issue notice.

2024 SCC OnLine Del 2327 RFA 850/2025 Page 2 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 29/09/2025 at 21:40:36

9. Upon the appellants taking steps, let notice be sent to the respondent by all permissible modes, returnable for the next date.

10. Let the notice indicate that replies to the application bearing CM APPL. No. 56892/2025 and CM APPL. No. 56893/2025 be filed within 06 weeks of service; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copy to the opposing counsel.

11. No reply is required in the appeal.

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

13. Re-notify on 10th December 2025 before the learned Joint-Registrar for completion of service; and for completion of pleadings in CM APPL. No. 56892/2025 and CM APPL. No. 56893/2025.

14. List before court thereafter.

15. On a prima-facie view of the matter, in view of the submissions made, and in view of the jurisdictional issue raised, it is directed that the effect and operation of the impugned judgement and decree dated 04.01.2025 shall remain stayed, till the next date of hearing before this court.

ANUP JAIRAM BHAMBHANI, J SEPTEMBER 23, 2025 V.Rawat RFA 850/2025 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 29/09/2025 at 21:40:36