Court referral for mediation in matters of partition and joint property ownership amidst jurisdictional questions.

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 01.08.2025 I.A. 18554/2025 (exemption from filing dim and legible copies of dim documents) and I.A. 18555/2025 (exemption from filing certified copy documents with margins and spacing

1. Allowed, subject to the plaintiff filing legible copies of the documents and documents with prescribed margins within four (4) weeks from today.

2. The application stands disposed of.

CS(OS) 505/2025 and I.A. 18551/ 2025 (under Order XXXIX Rule 1 and 2 of CPC), I.A. 18552/ 2025 (Under Section 26 of the DV Act), I.A. 18553/

2025 (under Order II Rule 2 of CPC

3. The present suit has been filed seeking inter alia, partition, rendition of accounts, in respect of self-acquired/ jointly owned properties, which are CS(OS)505/2025 Page1of3 as follows:

“a. Share in the property bearing House No. 59, Second Floor, Navjeevan Vihar, New Delhi-110017, which is jointly owned by the Plaintiff andDefendantNo.3.

b. Share in the immovable property bearing No. 57, Kalu Sarai, New Delhi-110017, which is jointly owned by the Plaintiff and Defendants No.

2and3.

c. A plot at Begumpur, Malviya Nagar, New Delhi [particulars whereof areintheknowledgeof theDefendant No.1].

d. Bungalow No. 14, Lansdowne, District Pauri Garhwal, Cantonment Area,Uttarakhand-246155.

e. Apartment in Gurugram, Haryana [particulars whereof are in the knowledgeof theDefendant No.1].

f. Any other property in the joint ownership of the Plaintiff and any of the Defendants [particulars whereof are in the knowledge of the Defendant No.1]”

4. It is stated that the defendant no. 1 is the husband of plaintiff and defendants no. 2 and 3 are the parents of the defendant no.1. Defendant no. 4 is the sister-in-law of the plaintiff.

5. The aforesaid suit properties are jointly owned by the plaintiff along with defendants no. 2 and 3.

6. Mr. Dayan Krishnan, Senior Counsel appearing on behalf of the plaintiff, contends that property at serial no. (c) above is jointly owned by the plaintiff and the defendant no. 1.

7. It is also the grievance of the plaintiff that the defendant no. 1 has been hacking into the email id of the plaintiff, i.e. katyal.tulikapuri@urbane- tdw.org, which was the official email id used by the plaintiff when the plaintiff and the defendant no.1 were working together.

8. The plaintiff contends that the defendant no. 1 is using the said official email id of the plaintiff to obtain the call details of her mobile CS(OS)505/2025 Page2of3 number +91 9811850555 from the service provider, Vodafone.

9. Mr. Prabhjit Jauhar, counsel appearing on behalf of the defendants, on advance notice, questions the maintainability of the present suit on the ground that it arises out of a matrimonial dispute and hence, will lie within the domain of the Family Court.

10. Be that as it may, counsel for the parties are agreeable that the parties should be referred for mediation. Parties have requested that Ms. Veena Ralli be appointed as the Mediator.

11. Accordingly, parties are referred for mediation to Delhi High Court Mediation and Conciliation Centre (‘Mediation Centre’).

12. Till the next date of hearing, parties shall maintain status quo with regard to the aforesaid immovable properties.

13. Mr. Jauhar, on instructions from the defendant no.1 who is present in court, submits that access of the plaintiff to the aforesaid email id shall be restored within 24 hours.

14. The defendants shall not access the e-mail id of the plaintiff, ‘katyal.tulikapuri@urbane-tdw.org’ .

15. List before the Mediation Centre on 7^th August, 2025 at 3:00 P.M.

16. List before Court on 26^th November, 2025.

17. Issuance of summons in the present suit are deferred for now.