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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RSA 217/2025, CM APPL. 81016/2025, CM APPL. 81017/2025

CM APPL. 81018/2025 CM APPL. 81019/2025

MS. BABITA .....Appellant

Through: Mr. Lalit Gupta, Mr. Anand Singh,

Mr. Kartik Malhotra, Mr. Santanam

Swamnadhan, Ms. Ishita Nautiyal and

Ms. Shreya James, Advocates.

versus

MRS. CHANDER PRABHA .....Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 22.12.2025

CM APPL. 81019/2025 (exemption)

By way of the present application filed under section 151 of the

Code of Civil Procedure 1908 (‘CPC’), the appellant seeks exemption

from filing the entire Trial Court Record.

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

an affidavit, the application is allowed.

3. Let trial court record alongwith first appellate court record be

requisitioned in electronic form; and copies thereof be supplied to

counsel on request.

4. The application stands disposed-of.

CM APPL. 81018/2025 (condonation of delay in re-filing

5. By way of the present application filed under section 151 CPC, the

appellant seeks condonation of about 61 days’ delay in re-filing the

present second appeal.

RSA217/2025 Page1of

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 20/01/2026 at 00:42:20

6. For the reasons stated in the application, which is duly supported by

affidavit, the delay is condoned.

7. The application is allowed and disposed-of.

CM APPL. 81017/2025 (condonation of delay in filing

8. By way of the present application filed under section 5 of the

Limitation Act 1963 read with section 151 CPC, the appellant seeks

condonation of about 01 days’ delay in filing the present second

appeal.

9. For the reasons stated in the application, which is duly supported by

affidavit, the delay is condoned.

10. The application is allowed.

11. The appeal is taken on Board.

12. The application is disposed-of.

RSA 217/2025 & CM APPL. 81016/2025 (stay)

13. By way of the present second appeal filed under section 100 CPC, the

appellant impugns judgment and decree dated 29.05.2025 passed by

the learned District Judge-01, South-East District, Saket Courts, New

Delhi in appeal bearing RCA DJ No.20160/2016.

14. After briefly hearing Mr. Lalit Gupta, learned counsel appearing for

the appellant, it transpires that the appellant claims to be residing on

the ‘second floor’ of property bearing No.52B/56, DDA Janta Flats,

EDPD Colony, Chittaranjan Park, New Delhi; and the essence of the

appellant’s argument is, that the impugned judgment and decree of the

learned trial court, which has been upheld by the learned first

appellate court, relates only to the ‘second floor’, whereas the

RSA217/2025 Page2of

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 20/01/2026 at 00:42:20

respondent (plaintiff) has failed to show that any title to the ‘second

floor’ vests in the respondent.

15. It transpires however, that the so-called ‘second floor’ is just an

extension portion constructed above a DDA flat situate on the first

floor of a block of flats.

16. In the circumstances, after making some submissions, counsel fairly

submits, that notice may be issued limited to the aspect of the time

that the appellant, would take to vacate the suit property; namely the

‘second floor’.

17. In view of the submissions made, issue notice limited only to the

above aspect.

18. Upon the appellant taking steps, let notice be sent to the respondent

by all permissible modes, returnable for the next date.

19. No reply is required in the appeal.

20. In view of the above, it is directed that no steps shall be taken for the

eviction of the appellant from the suit property, till the next date of

hearing before this court.

21. Re-notify on 17^th February 2026.

ANUP JAIRAM BHAMBHANI, J

D