$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:23^rd April, 2024 + CS(OS) 450/2019 & I.A. 12117/2019 ANSH CHOUDHARY & ORS. ..... Plaintiffs Through: Ms. Smita Maan, Mr. Rajeev Agnihotri & Mr. Vishal Maan, Advocates.

versus HARKISHAN & ANR. ..... Defendants Through: None.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. A suit for Partition and Permanent Injunction has been filed on behalf of the plaintiffs.

2. It is submitted in the suit that the plaintiffs and the defendants are the recorded co-owners of the undivided residential plot in the extended Lal Dora Abadi comprising in Khasra No.171/1 (1-17), 171/2 (1-00), total ad- measuring 2 bigha 17 biswa situated in the Revenue Estate of village Bamnoli. It has been explained that Shri Meher Ram was the original owner of the suit property and after his demise the right, title and interest in the suit property has devolved upon his six sons namely Harkishan (defendant No.1), Prem Singh (defendant No.2), Dalpat Singh, Preet Singh, Ishwar Singh and Hukum Singh and they all became entitled to 1/6^th equal share in Signature Not Verified DigitallySigned By:SAHIL CS(OS) 450/2019 Page 1 of 3 the suit property while Harkishan and Prem Singh two sons have been impleaded as defendant No.1 and 2. Dalpat Singh, Preet Singh and Ishwar Singh had sold their 1/6^th share to Smt. Chandrawal vide Sale Deed dated 28.02.2004, who acquired 50% interest in the suit property. She bequeathed her half share vide Will dated 08.05.2014 in the ratio of 2/3^rd of her share to Sh. Ansh Choudhary and 1/3^rd of her share to Smt. Raj Pal Kaur and they two together are the plaintiffs. One sixth share of Sh. Hukum Singh devolved upon his son Kapil, who sold the same to Sh. Mukesh Kumar vide Sale Document dated 26.10.2004 who in turn had sold his 1/6^th share vide Sale Deed dated 23.02.2005 to Iqbal Singh, who has been impleaded as defendant No.3. The plaintiffs have thus sought Preliminary Decree and Final Decree of Partition.

3. The defendants have not contested and have not filed any Written Statement.

4. It is submitted that in view of the admitted facts a Preliminary Decree may be passed in favour of the parties.

5. Submissions heard

6. Considering the undisputed facts and the chain of entitlement of the plaintiffs and the defendants, as has been explained in the plaint, and not challenged by the defendants, a Preliminary Decree is passed and the parties are held entitled to the share in the following ratio:

(a.) Plaintiff No.1 - 1/3^rd share (b.) Plaintiff No.2 - 1/6^th share (c.) Plaintiff No.3 - 1/6^th share (d.) Defendant No.1 - 1/6^th share (e.) Defendant No.2 - 1/6^th share Signature Not Verified DigitallySigned By:SAHIL CS(OS) 450/2019 Page 2 of 3

7. A Preliminary Decree is accordingly passed.

8. List for consideration for passing of Final Decree on 22.05.2024.

(NEENA BANSAL KRISHNA)

JUDGE APRIL 23, 2024 va Signature Not Verified DigitallySigned By:SAHIL CS(OS) 450/2019 Page 3 of 3