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* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 70/2024 & C.M.Nos.29004-29006/2024 SHRI NEERAJ BHATIA ..... Appellant Through: Mr. Praveen Kumar with Mr. Surbhi Sharma, Ms. Vrinda Anand, Ms. Sudha Kumari and Mr. Neeraj Pal, Advocates versus SHRI RAVINDRA KUMAR BHATIA & ORS. ..... Respondents Through: Mr. Rishabh Bansal with Ms. Dakshaa Arora, Ms. Himanshi Malhotra and Ms. Sakshi Pareek, Advocates for R-1 to 4 and 6 to 8. Mr. Alok Kumar Aggarwal with Ms. Anushruti and Ms. S. Raj Pal, Advocates for R-5.

Reserved on: 15^th May, 2024 % Date of Decision: 19^th July, 2024 CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

1. Present appeal filed under Order XLIII Rule 1 and Section 104 of Code of Civil Procedure, 1908 (‘CPC’) read with Section 10 of the Delhi High Court Act, 1966, impugns the orders dated 23^rd April, 2024 and 30^th January, 2024 (‘Impugned Orders’) passed by the learned Single Judge of this Court in CS (OS) No. 210/2023, whereby, the Interlocutory Application Signature Not Verified Digitally Signed (IA) bearing no. 17669/2023 filed by Respondent Nos. 1 to 4 and 6 to 8 seeking permission for reconstruction of the property bearing No. A-125, Defence Colony, New Delhi-110024 (‘subject property’) admeasuring 217 sq. yds. has been allowed, subject to certain conditions as enumerated therein.

Relevant facts forming part of the record:

2. The subject property was admittedly the absolute and self-acquired property of late Sh. Balwant Lal Bhatia. The subject property was allotted by Government of India (‘GoI’) to late Sh. Balwant Lal Bhatia in pursuance to Union’s scheme to rehabilitate the personnel, who served in British Indian Army. Late Sh. Balwant Lal Bhatia had served under the erstwhile British India Army, which later on became the Indian Army and in pursuance to the said scheme, he was allotted the subject property vide registered lease dated

24^th August, 1957.

2.1. The subject property comprises a ground floor, first floor and second floor which was constructed in the year 1975-76.

2.2. Respondent Nos. 1, 3 and 6 are admittedly the only Class-I legal heirs of late Sh. Balwant Lal Bhatia as per the Schedule to Section 8 of the Hindu Succession Act, 1956 (‘Act of 1956’).

2.3. Late Sh. Balwant Lal Bhatia executed a registered Will dated 15^th February, 1999 (‘said Will’) bequeathing separate floors in the subject property to each of three children in the following manner: (i) the ground floor to Respondent No. 3, (ii) first floor to Respondent No. 1 and (iii) second floor to Respondent No. 6. Respondent Nos. 1, 3 and 6 admit to the genuineness and validity of the said Will.

2.4. Upon demise of late Sh. Balwant Lal Bhatia on 07^th March, 2004, Respondent Nos. 1, 3 and 6 acted upon the said Will and had the separate Signature Not Verified Digitally Signed floors mutated in their favour in the records of the Municipal Corporation of Delhi (‘MCD’) on 17^th September, 2004. Respondent Nos. 1, 3 and 6 are in occupation and control of the separate floors of the subject property in accordance with the bequest made in the said Will. Respondent Nos. 1, 3 and 6 have separate electricity and water connections for each floor in their independent names.

2.5. Respondent No. 1 has a son, who is the Appellant in the present appeal and a daughter i.e., Respondent No. 2. Appellant resides with Respondent No. 1 on the first floor of the subject property.

2.6. Respondent No. 3 has two sons i.e., Respondent No. 4 and Respondent No. 5.

2.7. Respondent No. 6 as well has two sons i.e., Respondent No. 7 and Respondent No. 8.

2.8. In the present appeal, Appellant and Respondent No. 5 are the only grandchildren, who are contesting the exclusive inheritance rights of Respondent Nos. 1, 3 and 6.

3. Respondent No. 1, who is 82 years old, Respondent No. 3, who is 84 years old and Respondent No. 6, who is 75 years old felt the necessity to re- develop the subject property in the year 20