$~2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 165/2019, CM APPLs 17677/2019, 30409/2019,

1067-68/2020, 9602-03/2024

SHASHI CHAND SHARMA .....Appellant

Through: Mr. Sandeep Thakur, Advocate.

versus

BHUPINDER SHOKEEN & ORS .....Respondents

Through: Counsel for respondents (presence not

given)

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.01.2026

1. The present appeal has been filed under order XLIII rule (1) (D) read with Section 104 C.P.C seeks setting aside of the order dated 16.03.2019 passed by the learned Trial court whereby the application filed by the appellant under Order IX Rule 13 CPC seeking setting aside the ex-parte

decree which came to be dismissed on 20.01.2018.

2. Notably, the respondent/plaintiff had preferred the suit claiming therein that he purchased the suit property from one Talvinder Singh by way of registered sale deed dated 10.02.2012. It was further claimed that the appellant/defendant had unauthorizedly occupied the suit property, pursuant to which FIR no. 289/2007 under Sections 448/120 B IPC was registered on the complaint of said Talvinder Singh. The record further reveals that the previous owner had also filed a complaint in the Police Station again