$-

* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 382/2021

1. JIYA SHARMA (MINOR)

THROUGH HER MOTHER & NEXT FRIEND MRS. KALA SHARMA W/O DEEPAK SHARMA, R/O HOUSE NO.213 BRAHMAN PADA, KHASRA NO. 146, LANDMARK E222, VILLAGE BURARI, NEW DELHI-11 0084 ....PLAINTIFF NO.1

2. MRS. KALA SHARMA W/O DEEPAK SHARMA, R/O HOUSE NO.213 BRAHMAN PADA, KHASRA NO. 146, LANDMARK E222, VILLAGE BURARI, NEW DELHI-11 0084 ....PLAINTIFF NO.2 (Through: Mr. Aditya Dewan and Mr. Udita Singh, Advs.)

Versus

1. MR. DEEPAK SHARMA, S/O MR. BHIM SINGH R/O HOUSE NO.213 BRAHMAN PADA, KHASRA NO. 146, LANDMARK E222, VILLAGE BURARI, NEW DELHI-110084 Signature Not Verified Signature Not Verified Signed By:PRIYA Signed ALSO AT:

KIEFHOLZSTRASSE 183, BERLIN GERMANY 12437 .... DEFENDANT NO. 1

2. MR. BHIM SINGH, (INDIVIDUAL AS ALSO KARTA OF BHIM SINGH HUF)

S/O LATE SH. RAM SINGH, R/O HOUSE NO.213 BRAHMAN PADA, KHASRA NO. 146, LANDMARK E222, VILLAGE BURARI, NEW DELHI-110084 .... DEFENDANT NO. 2

3. MR. MOHIT SHARMA, S/O MR. BHIM SINGH R/O HOUSE NO.213 BRAHMAN PADA, KHASRA NO. 146, LANDMARK E222, VILLAGE BURARI, NEW DELHI-110084 .... DEFENDANT NO. 3

4. MR. PAWAN SHARMA, S/O MR. BHIM SINGH R/O HOUSE NO.213 BRAHMAN PADA, KHASRA NO. 146, LANDMARK E222, VILLAGE BURARI, NEW DELHI-110084 ….DEFENDANT NO.4

5. MRS. POOJA SHARMA, D/O MR. BHIM SINGH R/O PRAHALADPUR, ROHINI, NEW DELHI-110042 ….DEFENDANT NO.5

6. RAM PHAL, S/O LATE SH.RAM SINGH, R/O HOUSE NO. 213, BRAHMAN PADA KHASRA NO. 146, VILLAGE BURARI DELHI-110084 ….DEFENDANT NO.6

7. KARAM SINGH S/O SH. RAM SINGH Signature Not Verified Signature Not Verified Signed By:PRIYA Signed R/O HOUSE NO. 213, BRAHMAN PADA KHASRA NO. 146, VILLAGE BURARI DELHI-110084 ….. DEFENDANT No.7

8. SANTRA DEVI W/O SH. RAKESH R/O HOUSE NO. 213, BRAHMAN PADA KHASRA NO. 146, VILLAGE BURARI DELHI-110084. ….. DEFENDANT No.8

9. UDAY SINGH S/O LATE SH. RAM SINGH R/O FLAT NO.7, IIIrd FLOOR, KHASRA NO.686, BABA COLONY, BURARI, DELHI-110084 …..DEFENDANT No.9 (Through: Mr. Udaibir Singh Kochar, Ms. Tulna Rampal and Mr. Pushkar Khanna, Advs. for D-1 to 5.

Mr. K.K. Tyagi, Mr. Iftekhar Ahman and Ms. Garima Tyagi, Advs. for D-6.)

------------------------------------------------------------------------------------ % Reserved on: 20.03.2025 Pronounced on: 08.04.2025 -----------------------------------------------------------------------------------

JUDGMENT

I.A. 19175/2023 The instant application has been filed on behalf of defendant Nos. 1 to

5 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) for rejection of the plaint.

2. The present suit is filed by the plaintiffs for partition, rendition of accounts, permanent and mandatory injunction with respect to the immovable properties and business of Bhim Singh (Hindu Undivided Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Family) (hereinafter referred to as the suit properties).

Brief facts

3. The description of the parties is charted as under: -

RAM SINGH BHIM SINGH (DEFENDANT NO.2)

POOJA KALA MOHIT PAWAN SHARMA DEEPAK SHARMA SHARMA SHARMA (DEFENDANT SHARMA (DEFENDANT (PLAINTIF (DEFENDAN NO.5)

(DEFENDANT NO.4)

F NO.2) T NO.3)

NO. 1)

JIYA SHARMA (PLAINTIFF NO.1)

4. The factual matrix, as stated in the plaint, is as follows (i) Defendant No.1 is the eldest son of defendant No. 2 and grandson of late Sh. Ram Singh. Defendant Nos. 3, 4, and 5 are siblings of defendant No.1 and children of defendant No.2. Further, defendant nos. 6 to 9 are children of late Sh. Ram Singh and siblings of defendant No.2.

(ii) Plaintiff No.2 is a citizen of the United Kingdom who arrived in India in the year 2009. During her stay in India, she was employed with Genpact. On 04.02.2013, plaintiff No.2 solemnized a legally valid Signature Not Verified Signature Not Verified Signed By:PRIYA Signed marriage with defendant No.1 in Delhi, in accordance with Hindu rites and customary ceremonies.

(iii) Out of their wedlock, plaintiff No.1 was born on 30.10.2014 in Leicester, United Kingdom, and