$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 1116/2025 SURYA PRAKASH GUPTA .....Appellant Through: Mr. Kirti Uppal, Sr. Advocate with Mr. Bharat Shreen and Mr. Keshav, Advocates.

versus NARINDER SINGH CHAHAL & ORS. .....Respondents Through: Ms. Sangeeta Bharti, Standing Counsel for DJB with Ms. Malvi Balyan, Advocates via video-

conferencing.

Ms. Manini Brar, Advocate via video-

conferencing for R-6/MCD.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 08.12.2025 CM APPL. 77099/2025 (exemption)

Exemption granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

The application stands disposed-of.

CM APPL. 77101/2025 (exemption from filing decree-sheet) By way of the present application filed under XX Rule 6 read with section 151 of the Code of Civil Procedure 1908 (‘CPC’), the applicant/appellant seeks exemption from filing the decree sheet.

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

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

4. The application stands disposed-of.

CM APPL. 77100/2025 (condonation of 725 days’ delay in filing the appeal)

5. By way of the present application filed under section 5 of the Limitation Act, 1963 read with section 151 of the CPC, the applicant/appellant seeks condonation of about 725 days’ delay in filing the regular first appeal.

6. Mr. Kirti Uppal, learned senior counsel appearing for the appellant submits, that the delay was occasioned by reason of the appellant having filed an application under Order IX Rule 13 of the CPC for setting aside the ex-parte decree, which application (though itself belated), came to be dismissed only vide order dated 27.09.2025.

7. Issue notice.

8. Learned counsel, as above, appear on behalf of respondents Nos.4 and

6 on advance copy; accept notice; and seek time to file reply to the application.

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

10. Let reply to the application be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copy to the opposing counsel.

11. Re-notify on 27^th February 2026 before the learned Joint-Registrar for completion of service; and completion of pleadings in the application.

12. List before court thereafter.

RFA 1116/2025 & CM APPL. 77098/2025 (stay)

13. By way of the present regular first appeal filed under section 96 read with Order XLIII Rule 1(d) of the CPC, the appellant impugns judgment and decree dated 26.07.2023 passed by the learned District Judge-04, South-East District, Saket Courts, New Delhi in suit bearing CS DJ No. 10873/2016.

14. Mr. Uppal, learned senior counsel appearing for the appellant submits, that respondent No.1 (plaintiff in the suit) had sought cancellation of Sale Deeds dated 09.01.2013 and 17.05.2013, which prayers have been decreed by the learned trial court alongwith other ancillary and consequential reliefs.

15. Mr. Uppal argues however, that as would be seen from the copies of the said two sale deeds appended to the appeal, respondent No.1 was not a party to either of the sale deeds; and accordingly, the prayer made in the plaint was not maintainable in view of the settled positions of law in Suhrid Singh @ Sardool Singh vs. Randhir Singh and Ors.¹, since respondent No.1 could not have sought ‘cancellation’ of the sale deeds and should have sought a decree of declaration that the sale deeds were null-and-void.

16. That notwithstanding, it is argued that the suit has been decreed.

17. Issue notice.

18. Learned counsel, as above, appear on behalf of respondents Nos.4 and

6 on advance copy; accept notice; and seek time to file reply to CM APPL. No. 77098/2025.

(2010)12SCC112

19. Upon the appellant taking steps, let notice be sent to the remaining respondents by all permissible modes, returnable for the next date.

20. Let reply to CM