* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 13^th January, 2026 Pronounced on:16^thMarch, 2026 + RFA 33/2026, CM APPL. 1926/2026 MANOJ KUMAR NARANG S/o Late Sh. Tara Chand R/o 20, Cortez Court, Brampton, Ontario, Canada-L6X3Zl. ..... Appellant Through: Mr. Sanjeev Sindhwani, Senior Advocate with Ms. Ruchi Sindhwani, Ms. Megha Bharara and Mr. Gaurav Sindhwani, Advocates.

Versus

1. AMIT MEHRA S/o Yashpal Narang Rio B-74, Greater Kailash - 1, New Delhi - 110058

2. PRADARSHAN MEHRA W/o Sh. Inder Nath Mehra

3. PRIYA MEHRA W/o Sh. Rohit Mehra 4. NITI MEHRA W/oSh. Dhiraj Mehra All R/o1-B/19, Northern Extension Area, Ganga Ram Hospital Road, Rajender Nagar, New Delhi – 110060

5. ANIL KUMAR NARANG S/o Late Sh. Tara Chand R/o 29/20, Third Floor, Old Rajender Nagar, New Delhi ....Respondent Through: None.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

RFA 33/2026:

1. The Appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908(hereinafter referred to as ‘CPC’), against the impugned Judgment dated 17.10.2025 of the Learned District Judge, Delhi, whereby the Plaint was rejected under Order VII Rule 11 CPC, as being barred by Section 58 of the Limitation Act,1963, as well as devoid of the cause of action.

2. The brief facts of the case are that the Appellant/Plaintiff filed a Suit CS DJ 509/2022, for Declaration and Permanent Injunction for declaring two Sale Deeds dated 31.12.1996, of the property bearing Municipal No. 2628, Ward no XVI, Plot No. 1400/246 measuring 148 sq. yards, situated in Block N, Gali No. 4, Beadonpura, Bank Street, Karol Bagh New Delhi- 110005(hereinafter referred to as „Suit Property‟), purportedly executed by the Plaintiff, i.e. Manoj Kumar Narang and his mother Late Smt. Moran Devias null and void, having been obtained through fraud and Plaintiff be declared as owner to the extent of 1/6th share, having inherited 1/24th share of his mother Late Smt. Moran Devi. The Plaintiff has also sought Permanent Injunction for restraining the Defendants/Respondents Nos. 2 to

4, from creating third-party interest, in the suit property.

3. The Appellant/Plaintiff averred in his Plaint that he and his two brothers, Shri Raj Kumar Narang and Shri Anil Kumar Narang, i.e. Respondent No.5 and their mother Smt. Moran Devi, were the absolute owners of the entire suit Property, comprising of ground floor, first floor and the second floor, along with its terrace roof rights, having purchased it from erstwhile owner, vide four separate Sale Deeds executed on 11.08.1989 and four Sale Deeds dated 07.03.1994.

4. Further, Shri Yashpal Mehra, father of Respondent no.1,was an influential businessman/jeweller, in the area. The Respondent no. 1 and his father, had an evil eye on the property of the Plaintiff. Initially, the attempts of father of Respondent no. 1 were unsuccessful, but after sometime, the father of Respondent no.1 succeeded in pressurizing the family of the Plaintiff, to transfer the 3/4th share, owned by them. The mother of the Plaintiff, Late Smt. Moran Devi was having one room built on the second- floor portion, where she used to reside, for which she had great sentimental value. She agreed to sell the property, subject to the condition that 1/4th portion of the property, on each floor including roof-terrace rights, be retained by them. It was agreed at the time of execution of Sale Deeds itself, that the constructive possession of the suit property shall remain with the Plaintiff and his late mother, as and when the property is reconstructed. Therefore, the Plaintiffs are and were always in constructive possession of the suit property.

5. The Appellant/Plaintiff further claimed, that it came to his knowledge in around August 2021, that the Respondent no. 1 had sold his rights in the suit property in favour of the Respondent no. 2 to 4, vide Sale Deed dated 16.06.2021 and 30.07.2021, who started raising fresh construction, therein. Later on, it transpired that the Res