$-

* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 567/2023, I.A. 17916/2023, I.A. 24362/2023 and I.A.

3657/2024 MRS POOJA WASAL D/O SH. RAMESH GROVER R/O B-5/204, SAFDARJUNG ENCLAVE, NEW DELHI-110029 ....PLAINTIFF .

(Through: Ms. Azra Rehman, Ms. Zahara Sheikh and Mr. Saif Tanveer, Advs.)

Versus

1. SH RAMESH GROVER, S/O LATE SH. RAM LAL GROVER RIO C-7, GREEN PARK (MAIN), NEW DELHI- 110016 ....DEFENDANT NO. 1

2.SH. RAJESH GROVER S/O SH. RAMESH GROVER R/O C-7, GREEN PARK (MAIN), NEW DELHI - 110016 ....DEFENDANT NO. 2

3. SH. SANDEEP GROVER S/O SH. RAMESH GROVER R/O 907 B-1 BEST RESIDENCY, PLOT NO.1 SECTOR 19-B DWARKA, NEW DELHI- 110075 ....DEFENDANT NO. 3 Signature Not Verified Signature Not Verified Signed By:PRIYA Signed

4. MS. REENA GROVER, W /O SH. RAMESH GROVER R/O C-7, GREEN PARK (MAIN), NEW DELHI :110016 PRESENTLY AT :-

B-5/204, SAFDARJUNG ENCLAVE, NEW DELHI-110029 ….DEFENDANT NO.4 (Through: Mr. Sarad Kumar Sunny and Mr. Keshav Mann, Advs. for D-1 and 2.

Mr. Suhail Sehgal and Mr. Prashant Drolia, Advs. for D-4.)

------------------------------------------------------------------------------------ % Reserved on: 08.04.2025 Pronounced on: 07.05.2025 -----------------------------------------------------------------------------------

JUDGMENT

I.A. 24363/2023 (By defendant no. 1 and 2 – Under Order 7 Rule 11 – for rejection of plaint)

The present application has been filed by defendant nos. 1 and 2, seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC).

2. The instant plaint has been filed by the plaintiff, seeking the relief of declaration, partition, possession, and permanent as well as mandatory injunction, with respect to certain immovable and movable properties. The plaintiff asserts entitlement to the movable and immovable properties based on her status as a coparcener in the purported joint Hindu family and her consequential right(s) in the ancestral estate of her father, i.e., defendant no.1, namely, Ramesh Grover.

Signature Not Verified Signature Not Verified Signed By:PRIYA Signed

3. The plaintiff herein, being the daughter of defendant no.1, claims to be a coparcener and a Class-I legal heir under the Hindu Succession Act, 1956 (hereinafter referred to as the Act of 1956). Defendant nos. 2 and 3 are her brothers, and defendant no.4 is her mother.

4. The case of the plaintiff in essence is that the parties, as mentioned in the plaint, constitute a joint Hindu family, which is governed under the Mitakshara School of Hindu Law, and according to her, no partition, either oral or written, has taken place till date, thus rendering the entire ancestral estate undivided.

5. A perusal of the plaint would indicate that the paternal grandfather of the plaintiff, late Sh. Ram Lal Grover, and his wife, late Smt. Usha Grover, passed away intestate. According to the plaintiff, they have left behind a substantial ancestral estate, comprising, inter alia, immovable properties and a family- owned business enterprise known as Grover Steels. Upon their demise, the said estate devolved upon defendant no.1, the plaintiff’s father, by virtue of survivorship and inheritance, and the properties so inherited continued to form part of the joint family estate.

6. The immovable properties, as delineated in the plaint, comprise of:

a. Residential house bearing no. C-7, Green Park (Main), New Delhi;

b. Plot no.4, Loha Mandi, Naraina, Delhi;

c. Property no.39, Shradhanand Marg, Ajmeri Gate, Delhi; and d. Residential premises at B-5/204, Safdarjung Enclave, stated to have been acquired from the Stridhan of defendant no.4 as well as joint family funds (hereinafter referred to as the suit properties).

Signature Not Verified Signature Not Verified Signed By:PRIYA Signed

7. It is the case of the plaintiff that she had made repeated oral requests to the defendants for an amicable and just division of the joint Hindu family estate. However, such entreati