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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29^th August, 2024 Date of Decision: 12th December, 2024 + CS(OS) 335/2022 & I.A. 16798/2022 ANCHIT SACHDEVA & ANR. .....Plaintiffs Through: Mr. Kuldeep Kumar Gurnani, Adv. with plaintiff(s) in person versus SMT SUDESH SACHDEVA & ORS. .....Defendants Through:

Mr. Anish Chawla, Adv. for D-1, 2 and 4 Mr. Vaibhav Dubey, Adv. for D-3 with D-3 in person %

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

I.A. 16798/2022 (Application under Order VII Rule 11 CPC)

1. The captioned interlocutory application has been filed by defendant nos. 1, 2, and 4 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’), seeking rejection of the present plaint on the ground of non-

disclosure of a cause of action.

2. Plaintiff nos. 1 and 2 are children of defendant no. 2 and one Ms. Himani Sachdeva. Defendant no. 2 and Ms. Himani Sachdeva are embroiled Signature Not Verified Signed By:MAHIMA CS(OS) 335/2022 Page 1 of 19 in matrimonial disputes. Ms. Himani Sachdeva is not a party to the present suit.

3. The plaintiffs have filed the present suit seeking partition and other ancillary reliefs in respect of the estate of their grandfather late Sh. Kewal Kishan Sachdeva. The plaintiffs have asserted their right to the said estate on the plea that the character of the immovable properties owned by late Sh. Kewal Kishan Sachdeva were coparcenary properties and the suit has been filed invoking Section 6 of the Hindu Succession Act, 1956 (‘Act of 1956’).

4. It is stated in the plaint that the grandfather of plaintiffs i.e., late Sh. Kewal Kishan Sachdeva, during his lifetime, established a business dealing in the sale of electrical goods, which was subsequently joined by his two sons, i.e., defendant no. 2 (father of plaintiffs) and defendant no. 3 (uncle of the plaintiffs). It is further stated that with the funds earned from the said electrical goods business, multiple immovable properties were purchased and the suit has been filed for partition of the said immovable properties. The details of the immovable properties are set forth in paragraph no. 2 of the plaint, which is reproduced below:

“2 That the deceased grandfather of the plaintiffs during his lifetime established business of dealing in electrical goods. ln due course of time he was joined by his two sons i.e. defendant no.2 & 3. With joint labour and fund, the business was expended and various immoveable properties were purchased, details of which is given below

S. No.	PARTICULARS OF PROPERTIES	DETAILS OF TITLE
1	House Property No. N-168, Panchsheel Park, New Delhi. (measuring 253.4 sq. mtrs.)	Kewal Kishan Sachdeva vide conveyance deed bearing document no.3421, Addl. Book No.l, Vol. No.964 at

Signature Not Verified Signed By:MAHIMA CS(OS) 335/2022 Page 2 of 19

		page'125 to 127 dated 1 '1-08- 2003 registered in the office of S.R.Vll, New Delhi.
2	Commercial Property / Shop bearing property no.8, Bharat Nagar, New Friends Colony, New Delhi.	Kewal Kishan Sachdeva
3	Commercial Property / Shop bearing property no.79, Bharat Nagar, New Friends Colony, New Delhi.	Vinay Sachdeva
4	Property No. J-2/26, DLF Phase -II, Gurgaon(Haryana)	Vinay Sachdeva
5	Property No. J-2/25, DLF Phase -II, Gurgaon(Haryana)	Kewal Kishan Sachdeva
6	Property No. J-2/23, DLF Phase -II, Gurgaon(Haryana)	Deepak Sachdeva
7	Commercial Property No.105, Central Arcade, DLF Phase-ll, Gurgaon, (Haryana)	Deepak Sachdeva
8	Property No.H-182, DLF New Town Heights, Sector- 86, Gurgaon, (Haryana)	Deepak Sachdeva
9	Property No.C-229, Block- C, Sector-105, Noida, (UP).	Vinay (sic) Sachdeva

…………..”

5. Mr. Vinay Sachdeva is the uncle of the plaintiffs and impleaded as defendant no. 3. Mr. Deepak Sachdeva is the father of the plaintiffs and is impleaded as defendant no. 2. Thus, on the plaintiffs own showing the title of the im

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