JUDGMENT

Siddharth Mridul, J. (Open Court)

CM APPL. 45396/2022 (Exemption)

Exemption allowed, subject to all just exceptions.

The application is disposed of accordingly.

FAO(OS) 109/2022

1. The present appeal under Section 10 of the Delhi High Court Act, 1966, has been instituted on behalf of Smt. Phoolwati deceased through LRs & Ors. (hereinafter referred to as "appellants"), assailing the order dated 27.07.2022 in CS(OS) No. 657/2017, passed by the learned Single Judge of this Court, in the appellants' application being IA No. 8118/2020, under Chapter IX Rule 6 of the Delhi High Court (Original Side) Rules, 2018, seeking pronouncement of judgment, in terms thereof.

2. The appellants' case is substantially predicated on the decision rendered by the Hon'ble Supreme Court of India in the case of `Vineeta Sharma vs. Rakesh Sharma', reported as (2020) 9 SCC 1 and in particular paragraphs 135 and 137.5 thereof, which read as follows:

"135. A special definition of partition has been carved out in the Explanation. The intendment of the provisions is not to jeopardise the interest of the daughter and to take care of sham or frivolous transaction set up in defence unjustly to deprive the daugh