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* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 335/2021, I.A. 8811/2021, I.A. 12160/2021, I.A.

12161/2021, I.A. 22127/2022, I.A. 2942/2023 DIVYANSHU NANDWANI S/O SH. KAMAL KISHORE NANDWANI R/O 2219, RAJA PARK, RANI BAGH, DELHI-110034 .... PLAINTIFF (Through: Mr. Yatendra Sharma, Mr. Ankit Shah and Mr. Tarun Arora, Advs..)

Versus KAMAL KISHORE NANDWANI S/O LATE SH. HARICHAND NANDWANI R/O H.N0.-3411, MOHINDRA PARK, RANI BAGH, DELHI-110034 ....DEFENDANT NO.1 SMT. SUNITA D/O LATE SH. HARICHAND NANDWANI R/O FLATNO.-A-1/2 VARUN APARTMENTS SECTOR-9, ROHINI, DELHI-110085 ....DEFENDANT NO.2 ANUSHKA NANDWANI D/O KAMAL KISHORE NANDWANI R/O 2219, RAJA PARK, RANI BAGH DELHI-110034 (THROUGH NATURAL GUARDIAN MRS. PRITI ARYA NANDA WANI (MOTHER) ....DEFENDANT NO.3 (Through: Mr. Ankur Mahindro, Ms. Divya Mishra and Mr. Raghav Kalra, Advocates.)

Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed ------------------------------------------------------------------------------------ % Reserved on: 25.04.2025 Pronounced on: 19.05.2025 -----------------------------------------------------------------------------------

JUDGMENT

I.A. 13564/2021 (filed on behalf of defendant No.2 under Order VII Rule 11 r/w Section 151 of the Code of Civil Procedure, 1908)

The instant application preferred by the defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC) seeks rejection of the plaint on the grounds of absence of cause of action and the suit being barred by law.

2. The plaintiff by way of the instant suit has sought for the relief of partition, permanent injunction restraining defendant nos. 1 and 2 from creating third-party interests or dispossessing the plaintiff, and for declaration that a Release Deed dated 19.02.2021 and a Will dated

23.07.2018 are null and void, with respect to three properties: -

i) Property No. 2219, Raja Park, Rani Bagh;

ii) Property No. 3104, Mahindra Park, Rani Bagh;

iii) Property No. 3412 and 3412-A, Mahindra Park, Rani Bagh.

3. The plaintiff, namely, Divyanshu Nandwani, is the son of defendant no.1, Kamal Kishore Nandwani, and the elder brother of defendant no.3, Anushka Nandwani. Defendant no.2, namely, Sunita Sachdeva, is the sister of defendant no.1 and the paternal aunt of the Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed plaintiff. The pedigree chart below explains the description and lineage of parties: -

SH. RIJHU RAM NANDWANI SH. SH. KHAN SMT.

SH. BANSI HARICHAND /KHEM VISHAN LAL NANDWANI CHAND DEVI NANDWANI (MARRIED NANDWAN TO KAMLESH I NANDWANI)

SH. KAMAL SMT SUNITA SMT PRITI KISHORE SACHDEVA (DEF.

ARYA NANDWANI (DEF. NO.2)

NO.1)

D IVANYASHU ANUSHKA NANDWANI NANDWANI (PLAINTIFF ) (DEF. NO.3 )

4. As per the plaint, Late Sh. Rijhu Ram Nandwani had purchased Property (ii) on 12.05.1960. Upon his demise on 26.06.1983, it is stated that a Relinquishment Deed dated 04.06.1984 was executed by his younger son and daughter, namely, Sh. Khem Chand Nandwani and Smt. Vishan Devi, in favour of their elder brothers, Sh. Hari Chand Nandwani and Sh. Bansi Lal Nandwani. It is further averred that thereafter, on 02.09.1986, a Partition Deed was executed between Sh. Hari Chand and Sh. Bansi Lal partitioning Property (ii) among themselves.

5. It is further stated that on 01.12.1995, Smt. Priti Arya was married to defendant no. 1, and the plaintiff was born out of this wedlock on Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed

18.12.1996. Subsequently, on 18.06.1998, Property (i) was purchased jointly by the paternal grandparents of the plaintiff, Late Sh. Hari Chand Nandwani and Smt. Kamlesh Nandwani, through a registered sale deed. It is further pleaded that defendant no. 3, the younger sister of the plaintiff, was born on 20.10.2005. Thereafter, on or around 01.01.2008, the plaintiff, along with his parents and minor sister, shifted to Property (i), which has continued to