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2026 Supreme(SC) 650

SANJAY KAROL, VIPUL M. PANCHOLI
Pushpa – Appellant
Versus
Dayawati – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rakesh Kumar-I, AOR
For the Respondent(s): Mr. Anand Yadav, Adv. Mr. Pradyumn Rao, Adv. Mr. Chander Shekhar Ashri, AOR

JUDGMENT :

VIPUL M. PANCHOLI, J.

1. Delay condoned.

2. Leave granted.

3. The present appeal arises out of the impugned judgment and order dated 16.04.2019 passed by the High Court of Delhi in Civil Revision Petition No. 53 of 2018 preferred by respondent No.1 (plaintiff), whereby the High Court, while exercising revisional jurisdiction, set aside the order dated 20.12.2017 passed by the Additional District Judge-04, South-West District, Dwarka Courts, New Delhi and proceeded to decree the suit for recovery of Rs.44,79,167/- with interest against defendant No.3 (late father of the appellants), on the basis of admission of receipt of Rs.3 crores in his Written Statement dated 25.03.2010 in CS (OS) No. 2502 of 2009 before the High Court.

4. The parties to the present proceedings are members of a Hindu family. The family tree is as follows: Shis Ram (Defendant No.1/Respondent No.2) and his wife Chameli (Defendant No.2/Respondent No.3) had five children, namely, Dayawati (Plaintiff/Respondent No.1), Daya Ram (Defendant No.3), Har Prasad (Defendant No.4/Respondent No.4), Ramrati (Defendant No.5/Respondent No.5), and Leelawati (Defendant No.6/Respondent No.6). The present appellants, namely, P

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