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* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 416/2021 and CRL.M. A. 5518/2023, I.A. 15269/2021, I.A.

18098/2022 RAJEEV KUMAR SON OF LATE SHRI SHADI LAL KUMAR, R/O. WZ-692, FIRST FLOOR, SHIV NAGAR EXTENSION, NEW DELHI-110058 MOBILE NO.9212376741 .....PLAINTIFF NO.1 SH. RAKESH KUMAR, SON OF LATE SHRI SHADI LAL KUMAR, R/O. 33,WYNGATE DRIVE AVON, CT-06001 ALSO AT;

BF-108, JANAK PURI, NEW DELHI-110058 E-MAIL:RK996@NYU.EDU .....PLAINTIFF NO.2 (Through: Mr. Anil Panwar, Mr. Tanishq Panwar and Mr. Kawirangbou Charenamei, Advs.)

Versus SH. SANJEEV KUMAR SON OF LATE SHRI SHADI LAL KUMAR, R/O. BF-108, JANAK PURI, NEW DELHI-110058 .....DEFENDANT NO.1 SMT. GEETA KUMAR @ DIMPLE WIFE OF SH. SANJEEV KUMAR, R/O. BF-108, JANAK PURI, Signature Not Verified Signed NEW DELHI-110058 .....DEFENDANT NO.2 (Through: Mr. Ankit Jain, Sr. Adv with Mr. Pankaj Gupta and Mr. Mohit Gupta, Advs.)

------------------------------------------------------------------------------------ % Reserved on: 02.04.2025 Pronounced on: 17.04.2025 -----------------------------------------------------------------------------------

J U D G M E N T

1. The instant civil suit has been instituted seeking the following reliefs:-

“i) Pass a decree of declaration in favour of the plaintiffs and against the defendants declaring therein that the defendant No.3 has no right to make gift of any part of the property in question i.e. BF-108, Janak Puri, New Delhi-110058 as shown red in the attached site plan except the life estate/interest;

ii) Pass a decree of cancellation thereby cancelling the alleged gift deeds; one being dated 26.08.2018 being registration No. 5037 in Book No. 1, Volume No. 2942 on pages 171 to 179 dated 26.02.2018 thereby gifting the entire ground floor, entire first floor and entire third floor with roof/terrace rights and another gift deed dated 06.05.2019 being registration No. 9669 in Book No. I, Volume No. 4331 at pages 722 to 132 thereby gifting the entire second floor of the property in question i.e, BF- 108, Janak Puri, New Delhi-110058;

iii) Pass a decree of injunction in favour of the plaintiffs and against the defendants restraining the defendants from creating third party interest in the suit property by way of transferring, alienating and parting with possession in any manner in the suit property i.e. BF-108, Janak Puri, New Delhi- 110058;

iii-a) Pass a decree of permanent injunction in favour of the plaintiffs and against the defendants restraining the defendants, their agents, servants and legal heirs from dispossessing the plaintiff No.1 from the second floor of property bearing No. BF-108, New Delhi-110058.

Signature Not Verified Signed iv) Pass a decree of injunction in favour of the plaintiffs and against the defendants restraining the defendants from operating of locker No. 186 in Punjab National Bank, Hari Nagar, New Delhi- 110064 and also injunct the defendants from withdrawing the amount from the accounts mentioned in para 17 of the plaint.

v) Award cost of suit in favour of the plaintiff and against the Defendants.”

2. The factual matrix of the case would indicate that the plaintiffs, namely, Shri Rajeev Kumar and Shri Rakesh Kumar and defendant no.1, namely, Shri Sanjeev Kumar are the sons of late Shri Shadi Lal Kumar and late Smt. Sunita Rani. Defendant no.2, Smt. Geeta Kumar is the wife of defendant no.1.

3. The root of the dispute lies in the interpretation of a registered Will dated 24.09.2015 executed by late Shri Shadi Lal Kumar, who passed away on 22.12.2015. By virtue of the said Will, late Shri Shadi Lal Kumar bequeathed certain moveable and immovable properties to his wife, late Smt. Sunita Rani, who survived him, and later, she passed away during the pendency of present proceedings.

4. It is pertinent to mention that at the time of institution of the present civil suit, Smt. Sunita Rani was impleaded as defendant no.3. Upon her demise, her name was deleted from the array of parties. Accor