Disposed¶23

Haji Peer Mohammed v. Salma Khatoon & Anr.

Delhi HC17 Mar 2026RFA/210/2010

Case brief

AI extract

What is this about?

Abatement of appeal; death of sole appellant Haji Peer Mohammed (16.11.2014); legal heirs not brought on record; 90-day substitution period and 60-day abatement-set-aside period expired; Section 96 CPC; RFA 210/2010; decree dated 22.12.2009 by Bhupesh Kumar, ADJ-06, West District, Delhi; suit property House No. A-31, Gali No. 1, Jyoti Colony, Loni Road, Shahdara, Delhi; default notice dated 16.04.2025; Salma Khatoon (respondent no. 1); counsel S. Sohail; disposed of by Amit Sharma, J., High Court of Delhi, 17.03.2026.

What did the court decide?

Since no application was filed to bring on record the legal heirs of the deceased appellant, and both the 90-day period for substitution and the subsequent 60-day period for setting aside the abatement had expired, the appeal stood abated. ¶22

Haji Peer Mohammed Vs Salma Khatoon & Anr. — Delhi HC (2026) — LawSathi Research

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$~38

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 210/2010

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HAJI PEER MOHAMMED .....Appellant

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Through: None. versus

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SALMA KHATOON & ANR .....Respondents Through: Mr. S. Sohail, Adv. for R-1 (through VC).

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 17.03.2026

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This hearing has been done through hybrid mode.

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The present appeal under Section 96 of the CPC seeks the following

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prayers:-

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“It is, therefore, prayed that for the foregoing grounds, the abovementioned appeal of appellant be accepted and the impugned judgment and decree dated 22.12.2009 passed by Shri Bhupesh Kumar, Additional District Judge-06, West District, Delhi be ordered to be set aside and the suit of the appellant/plaintiff for possession, mesne profits, permanent and mandatory injunction thereby praying for passing a decree for possession directing the respondents/defendants, their children, agents, associates, representatives or any others to hand over the peaceful possession of the suit property bearing house no.A-31, Gali no.l, Jyoti Colony, Loni Road, Shahdara, Delhi along with decree for grant of damages and mesne profits w.e.f. 01.12.2005 till date; further passing the decree for permanent and mandatory injunction in favour of - the appellant/plaintiff and against the' respondents/defendants , their children, agents, associates, representatives, servants etc. thereby restraining them from altering, selling, transferring, disposing, subletting, creating third party interest etc. with the peaceful

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This is a digitally signed order.

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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 20/03/2026 at 13:23:23

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possession and occupation of the suit property bearing no.A-31, Gali no.l, Jyoti Colony, Loni Road, Shahdara, Delhi, be allowed in favour of the appellant/plaintiff and against the respondents/defendants.

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Any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case be also granted in favour of the appellant.”

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There was no appearance on behalf of the parties since 25.11.2024, and subsequently, default notice was issued to the parties vide order dated 16.04.2025 passed by the learned Predecessor Bench, and report with regard to the same has come back with the following remarks: -

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“Default Notice to Appellants through ordinary: Unserved as such person has been died in 2014.”

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On 28.10.2025, learned counsel for respondent no. 1 had entered appearance on behalf of the latter and had handed up a copy of the Death Certificate of the appellant, as per which the appellant had expired on 16.11.2014, and the same was taken on record. It was further submitted by the learned counsel for respondent no. 1 that in view of the same, the present appeal has been abated.

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It is pertinent to note that no application has been filed for bringing on record the legal heirs of the deceased appellant. The period of 90 days for bringing on record the legal heirs has expired, as also the period for setting aside the abatement, which is 60 days thereafter.

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In view of the above, the present appeal stands abated and disposed of accordingly.

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This is a digitally signed order.

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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 20/03/2026 at 13:23:23

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Pending application(s), if any, also stands disposed of.

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AMIT SHARMA, J

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MARCH 17, 2026/nk/db

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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 20/03/2026 at 13:23:23

Haji Peer Mohammed v. Salma Khatoon & Anr.

Case brief

What is this about?

What did the court decide?

Haji Peer Mohammed v. Salma Khatoon & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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