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2025 Supreme(Online)(Del) 6788
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J
USHA & ANR. – Appellant
Versus
SH PAWAN KUMAR & ANR. – Respondent
RSA 127/2025
For the Appellants/Petitioners: Mr. Neeraj S., Ms. Srutisma Hazarika, Mr. Vihan Garg
For the Respondents:
Amendment benefits under the Hindu Succession Act for minor heirs can influence partition rights.
Headnote:In this case, the appellants sought condonation of delays in filing an appeal under the CPC and Limitation Act. The court allowed the applications for condonation of delays and ordered notices to be issued to the respondents. The main issue revolved around the appellant's entitlement to partition and the implications of an amendment to the Hindu Succession Act. The court recognized the necessity of determining the benefits of the amendment for a minor daughter.
| Table of Content |
|---|
| 1. condonation of delay in appeals. (Para 1 , 4) |
| 2. court orders and notices. (Para 3 , 12) |
| 3. amendment effects on rights of minors. (Para 9 , 10) |
O R D E R
% 26.08.2025 CM APPL. 53116/2025 Exemption granted, subject to just exceptions.
Let requisite compliances be made within 01 week.
The application stands disposed of.
CM APPL. 53115/2025 By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellants seek condonation of about 130 days delay in re-filing the regular second appeal.
2. For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.
3. The application is allowed and disposed-of.
RSA127/2025 Page1of3 CM APPL. 53114/2025
4. By way of the present application filed under section 5 of the Limitation Act, 1963 read with section 151 CPC, the appellants seek condonation of about 152 days’ delay in filing the regular second appeal.
5. Issue notice.
6. Upon the appellants taking steps, let notice be sent to the respondents by all permissible modes, returnable for the next date.
7. Let the notice indicate that reply to the application be filed within 01 week of service; rejoinder thereto, if any, be filed before the next date;
with copy to the opposing counsel.
8. Re-notify on 03rd September 2025.
RSA 127/2025 CM APPL. 53113/2025 (for stay)
9. By way of the present regular second appeal filed under section 100 CPC, the appellants impugn judgment dated 22.10.2024 passed by the learned District Judge-04, North District, Rohini Courts, New Delhi in RCA DJ No.38/2017.
10. After making some opening submissions, learned counsel appearing for the appellants seeks time to make submissions on whether appellant No.2 (daughter born on 06.04.2005) is entitled to the benefit of the amendment to section 6 of the Hindu Succession Act 1956 ;
which amendment came into effect on 09.09.2005.
11. This issue is relevant since the first appellate court has held that once the appellants (plaintiffs) were held not entitled to partition, the relief RSA127/2025 Page2of3 of injunction against alienation of the property could not have been granted.
12. For the above purpose, re-notify on 03rd September 2025 in the ‘Supplementary List’.
