ORDER

% 13.02.2024

1. The present matter has been filed seeking following prayer; A. to Pass a preliminary decree of partition in favour of the Plaintiff and against the Defendant by holding that the Suit Properties I.e. movable and immovable assets of Lt. Smt. Neelam Sonia Mehta and Lt. Sh. Prithvi Nath Mehta, including but not limited to the following immovable properties:

a) House J-30, Jor Bagh Road, B K Dutt Colony, Lodhi Road, N.D.M.C, South Delhi, Delhi-110003, which is duplex apartment ad-measuring an area of approximately 500 sq yards.

b) J-29, Jor Bagh Road, B K Dutt Colony, Lodhi Road, N.D.M.C, South Delhi, Delhi-110003 measuring an area of 500 Sq. Yards c) D-15 (GF), South Extension, New Delhi which is a commercial shop approximately measuring 35 sq. yards. d) Flat No. B1-1103, Tower B1, 11th Floor, Parsvnath Exotica, Sector-53, Gurgaon which is a 4BHK apartment ad-measuring an area of 3390 Sq.

Feet/ 314.93 sq ft., having 4 bedrooms, one drawing-dining, one kitchen, 4 toilets, balconies and two covered car park spaces. e) D4-503, Ghaziabad Exotica, Neelmani Colony, Ghaziabad, Uttar Pradesh.

f) Funds, savings, deposits and stocks being held in bank account no. 06171000003920 with HDFC bank, branch Jor Bagh, held by Lt. Sh. Prithvi Nath Mehta. are partitioned in the following manner:-

(i) One-third (1/3rd) share (after payment of all the liabilities) in favour of the Plaintiff.

(ii) One-third (1/3rd) share (after payment of all the liabilities) in favour of the Defendant No. 1 (iii) One-third (1/3rd) share (after payment of all the liabilities) in favour of the Defendant No.2 AND / OR B. in case the parties to the present suit are not able to partition the Suit Properties in the aforesaid manner, then in that event, a Local Commissioner may be appointed who may be directed to sell / auction the Suit Properties and the sale /auction proceeds after paying the dues of the builder, loan to the Banks & expenses of the auction, be thereafter divided as under:-

(i) One-third (1/3rd) share (after payment of all the liabilities) in favour of the Plaintiff.

(ii) One-third (1/3rd) share (after payment of all the liabilities) in favour of the Defendant No. 1 (iii) One-third (1/3rd) share (after payment of all the liabilities) in favour of the Defendant No.2 C. Pass a decree for one-third of income earned as rent from the second floor of the Suit Property No.1, alongwith rent from the Suit properties No. 2 to 5, as mesne profit according to total rent already having been received by the defendant No.1 since 2021 with interest at the rate of six (6) percent per annum till the date of handover of physical possession of one-third share to the Plaintiff D. pass a final and such other consequent reliefs which may be available to the parties under the law .

E. Award the cost of the Suit in favour of the Plaintiff and against the Defendant F. Pass any other order/orders that this Hon’ble Court, may deem fit and proper, in the given facts of the case in the interest of justice.

2. Let the plaint be registered as a Suit.

3. Summons be issued to the defendants by all permissible modes, which shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons.

4. The defendants are directed to file the affidavit of admission/denial against the documents filed by the plaintiff, failing which the written statement shall not be taken on record.

5. The plaintiff is at liberty to file replications thereto within fifteen days of filing of the written statements, which shall be accompanied by affidavits of admission/denial, in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.

6. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

7. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

8. List befor