* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 27^th August, 2024 Pronounced on: 8th November, 2024 + RFA 9/2022, CM APPL. 1010/2022, CM APPL. 1011/2022, CM APPL. 17527/2022, CM APPL. 17652/2022, CM APPL. 19125/2024, CM APPL. 25610/2024, CM APPL. 25611/2024, CM APPL. 25612/2024, CM APPL. 25613/2024 &

CM APPL. 37046/2024 APARNA ASHRAM SOCIETY & ANR. .....Appellants Through: Mr. Ashish Dholakia, Senior Advocate with Mr.Shubhoday Banerjee, Mr. Sanjay Khanna, Mr.Pragya Bhushan, Mr.Karandeep Singh and Mr.

Tarandeep Singh, Advocates.

versus MR.MOHAN JHA & ORS. .....Respondents Through: Mr. Sanjeev Anand, Sr. Advocate with Mr. Arush Khanna and Mr. Vaibhav Mehra, Advocates for R-2 to R-5.

Mr Sanjay Katyal, Standing Counsel for DDA.

Dr. Surya Prakash, Advocate for Aparna The Deity.

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1. The instant regular first appeal has been filed by the appellants under Section 96 of the Code of Civil Procedure, 1908 (hereinafter as ‘CPC’) seeking the following reliefs:

RFA 9/2022 Page 1 of 60 Signature Not Verified Digitally Signed By:PRAVEEN “(a) call, summon and peruse the records of the Ld. Trial Court of Sh. Jay Thareja, Ld. ADJ-07, South-East District, Saket Courts, Delhi in Civil Suit No.7447/2016 titled as "Apama Ashram Vs. Mohan Jha & Ors. ";

(b) admit the present appeal;

(c) set-aside the impugned judgment and Decree both dated 04.12.2021 and observations made therein passed by the Ld. Trial Court of Sh. Jay Thareja, Ld. ADJ-07, South East District, Saket Courts, Delhi in Civil Suit No.7447/2016 titled as "Apama Ashram Vs. Mohan Jha & Ors.";

(d) remand back the present matter to the Ld. Trial Court for its adjudication on the issues framed in the suit;

(e) award the cost of the appeal in favour of the appellants and against the respondents.

(f) pass any other order(s) or relief, which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the appellants and against the respondents, in the interest of justice.”

FACTUAL MATRIX

2. The appellant no.1/plaintiff (hereinafter as ‘appellant Society/plaintiff’) was given possession of the property bearing plot number A-12, New Friends Colony, New Delhi (hereinafter as ‘suit property’) after voluntary donation by one Shri Gurcharan Singh Sethi in the year 1976. The appellant no.2 is the elected president of the appellant society.

3. In the year 2009, a suit bearing no. 7447/16 seeking permanent injunction was filed by the appellant society through its authorized representative (hereinafter as ‘AR’) namely Mr. K.S. Pathania against the respondents alleging the respondents’ intention to take possession of the suit property illegally.

RFA 9/2022 Page 2 of 60 Signature Not Verified Digitally Signed By:PRAVEEN

4. During the proceedings before the learned ADJ, South-East District, Saket Courts, Delhi (hereinafter as ‘learned Trial Court/Court below’) various applications were filed by the parties for different concerns, and the same were pending for adjudication before the learned Court below.

5. One such application dated 10^th September, 2009 under Section 151 of the Code of Civil Procedure, 1908 (hereinafter as ‘CPC’) was filed by the appellant Society for replacing one Mr. Murali Chaudhary in place of Mr. K.S. Pathania and the same was allowed vide order dated 19^th December, 2012, and therefore, Mr. Murali Chaudhary was replaced as the authorized representative.

6. In the year 2014, Mr. Pathania filed an application under Section 151 of the CPC for his substitution by stating to be the authorized representative of the appellant Society, however, the same was dismissed vide order dated 27^th January, 2015.

7. Thereafter, multiple applications were filed by various persons stating to be the authorized representatives of the appellant Society and one such application was filed by one namely Mr. Subhash Dutta which was listed for pronouncement of orders on 4^th December, 2021.

8. On 4^th De