$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 1109/2025 RAJ RANI .....Appellant Through: Ms. Sana Ansari and Mr. I Ahmed, Advocates.

versus SMT. LEELA GUPTA .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.12.2025 CM APPL. 76683/2025 (exemption)

Exemption granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

The application stands disposed-of.

CM APPL. 76682/2025 (exemption from filing Trial Court Record)

By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellant/applicant seek 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 be requisitioned in electronic form; and copy of TCR be supplied to counsel on request.

4. The application stands disposed-of.

CM APPL. 76684/2025 (condonation of delay in re-filing By way of the present application filed under section 151 CPC, the appellant seeks condonation of about 108 days’ delay in re-filing the regular first appeal.

5. For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.

6. The application is allowed and disposed-of. RFA 1109/2025 & CM APPL. 76681/2025 (stay)

7. By way of the present regular first appeal filed under section 96 CPC, the appellant impugns judgment and decree dated 20.03.2025 passed by the learned District Judge-03, East District, Karkardooma Courts, Delhi in suit bearing CS No.2228/2016.

8. Learned counsel appearing for the appellant submits, that the appellant is entitled to the suit property in terms of Will dated 10.06.2003 left by her late mother. Counsel submits, that the appellant’s name is also duly mutated in the Municipal Tax Records. It is however submitted, that the respondent who claims to be the wife of the appellant’s deceased brother, is in occupation of the suit property; though her status as the sister-in-law is disputed and denied.

9. Issue notice.

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

11. Let the notice indicate that reply to CM APPL. No. 76681/2025 be filed within 06 weeks of service; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copy to the opposing counsel.

12. On a prima-facie view of the matter, in view of the submissions made and the documents on record, the respondent is directed to maintain status-quo as to title, possession and construction in the suit property bearing A-522 Giri Marg, Mandawali Fazalpur, Delhi till the next date of hearing before this court.

13. Re-notify on 26^th February 2026 before the learned Joint-Registrar for completion of service; and for completion of pleadings in CM APPL.

No. 76681/2025.

14. List before court thereafter.

ANUP JAIRAM BHAMBHANI, J DECEMBER 5, 2025 ss