Delhi HIgh Court

Delhi HC: Fraud Claims Fail to Halt Property Possession Order

Updated
Jan 13, 2026 11:02 PM
delhi-hc-fraud-claims-fail-to-halt-property-possession-order

Summary: On December 18, 2025, the Delhi High Court, led by Judge Girish Kathpalia, upheld a decision dismissing a request by Naresh Kumar Jain and others. They claimed they owned a property and said there was cheating involved in the original decision obtained by Rishab Sharma. The court ruled against their request to pause the legal process.

Petitioners Claim Fraud in Property Case

Naresh Kumar Jain and his group said they owned a property involved in a court decision about possession. They argued they weren't part of the original lawsuit and that the decision was obtained by cheating. They filed another lawsuit to declare their ownership, which is still ongoing in the District Judge's Court, West Delhi.

"The judgment and decree under execution were obtained by playing fraud."

Execution Court Dismisses Petitioners’ Application

The court handling the execution of the decision dismissed their application on December 3, 2025. It stated that Naresh Kumar Jain and others had no right to object since they got their interest from someone else during the lawsuit. The court emphasized that it couldn't change the decision and advised Naresh Kumar Jain and his group to ask for a pause in the court where they filed their ownership lawsuit.

Respondent's Argument Against Delay

Rishab Sharma's lawyer argued that allowing such delays would lead to ridiculous situations where people who owe money could endlessly stall the process by filing new lawsuits. The lawyer mentioned a similar case from the Allahabad High Court, which supported this view.

Court's Decision and Order

Judge Girish Kathpalia agreed with the previous decisions, stating there was no mistake in the execution court's decision. He dismissed the petition and ordered Naresh Kumar Jain and others to pay Rs. 15,000 to Rishab Sharma.

"I find no infirmity in the impugned order, so the same is upheld."

Clarification for Future Proceedings

The judge clarified that the court handling the ownership lawsuit should make its own decision, unaffected by this ruling.

Tags:
Property Rights
Fraud
Civil Suit