Summary: The Delhi High Court decided not to move forward with a case about who owns a property because a similar case is already happening in Gonda, Uttar Pradesh.
On December 22, 2025, Judge Girish Kathpalia of the Delhi High Court made a decision about a disagreement involving Janak Tara and Kaushilya Devi. Janak Tara, with help from Mr. Sajjan K. Singh and Mr. Jaypreet Singh, wanted to change an earlier decision from January 20, 2025. That earlier decision paused their case about who owns a property because a similar case is already happening in Gonda, U.P.
The main issue is about who owns a property that used to belong to Smt. Shanti Devi. After her husband, Shri Ram Milan, died in 2004, Shanti Devi supposedly left the property to Janak Tara through a Will dated May 16, 2008. However, Kaushilya Devi and others questioned whether this Will is real in Gonda, U.P.
"The question of whether the Will dated 16.05.2008 of Smt. Shanti Devi is real is a big part of both cases."
Janak Tara argued that since Kaushilya Devi and others couldn't defend themselves in the Delhi case, they shouldn't be allowed to pause the trial. They also said that the request to pause the trial was made years after the case started.
However, according to Section 10 of the Civil Procedure Code (CPC), a court has to pause a trial if another case with the same issues is already going on. Judge Kathpalia pointed out that this rule is to prevent different courts from making different decisions about the same thing.
Judge Kathpalia agreed with the trial court's decision to pause the case. He stressed that both cases involved the same property issues, and continuing both could lead to different outcomes. He also mentioned that taking a long time to file the request under Section 10 CPC doesn't make it invalid.
"The purpose of Section 10 CPC is to stop two courts from having trials on the same issue so that they don't come up with different facts."
The petition was dismissed by Judge Kathpalia, confirming the trial court's decision to pause the case in Delhi. This means that the court case in Gonda, U.P., will decide whether the Will is real and who rightfully owns the property.
