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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 12.12.2025 Judgment pronounced on: 17.12.2025 Judgment uploaded on: 17.12.2025 + FAO(OS) 83/2023, CM APPL. 36897/2023, CM APPL.

31995/2024, CM APPL. 7142/2025, CM APPL. 76671/2025 and CM APPL. 76672/2025 VIPIN KUMAR MANAKTALA .....Appellant Through: Mr. Ashish Dholakia, Sr. Adv.

along with Mr. Subhoday Banerjee and Mr. Ritesh Chowdhary, Advs.

versus SHRI VINOD KUMAR DEAD THROUGH LR SHRI KARUN MANAKTALA & ORS. .....Respondents Through: Mr. B. K. Sood, Mr. Manik Sood and Ms. Jyotsna Bhardwaj, Advs. for R-1, 2, 3 and 7.

Mr. Harish Malhotra, Sr. Adv. along with Mr. Rajender Agarwal and Mr. Anoop Kumar, Advs. for R-4.

Mr. Ashok Chhabra and Mr.

Kunal Jaggi, Advs. for R-5.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

J U D G M E N T

ANIL KSHETARPAL, J.

1. The Plaintiff assails the correctness of the order passed on 04.07.2023 [hereinafter referred to as ‘Impugned Order’] by the learned Single Judge [hereinafter referred to as ‘LSJ’], while modifying the injunction order passed on 22.12.2020. Now, as per modified order, the Defendants [the Respondents herein] have been restrained from alienating, 25% of the Suit Property.

2. For sake of convenience, the parties before this court shall be referred to in accordance with their status before the LSJ.

FACTUAL MATRIX

3. In order to comprehend the issues involved in the present case, it is imperative to cull out the genealogy of the family and the relevant background facts, which are set forth hereinafter.

4. The genealogy of the family reads as under:

5. While instituting the suit and the interim applications, the Plaintiffs in brief, asserted as under:

5.1 That Late Sh. Hariram was the common ancestor, who left behind four sons, namely, Sh. Satya Pal, Sh. Tilak Raj, Sh. Prithvi Raj and Sh. Harbans Lal besides daughters. Sh. Tilak Raj, Sh. Satya Pal and Sh. Prithviraj Manaktala were the co-owners of the ancestral property bearing no.39, Rama Road, Industrial Area Scheme, Najafgarh Road, New Delhi, having an area of 3925.6 meters [hereinafter referred to as the ‘Suit Property’].

5.2 After the partition of the country, the family of the parties migrated to Delhi and set up their business. The Suit Property was purchased vide a Conveyance Deed dated 21.04.1971 in the names of Sh. Satya Pal, Sh. Tilak Raj and Sh. Prithvi Raj. In the said property, the business of manufacturing of soap had been carried on since 1953 under the name of Gora Mal Hari Ram. Sh. Satya Pal, being the eldest son, was looking after the entire business along with his father and younger brother Sh. Harbans Lal, who later, in the year 1964, separated and retired completely from the business and property of the family.

5.3 The Plaintiff claims that by an Oral Family Settlement Sh. Satya Pal, Sh. Tilak Raj and Sh. Prithvi Raj, it was mutually decided that the Suit Property would fall exclusively to the share of Sh. Satya Pal, while the other three jointly owned properties would come to the share of Sh. Tilak Raj and Sh. Prithvi Raj, leaving an option onto them to either keep the same jointly or to separate.

5.4 There were no legal impediments with respect to transferring the title of the other three properties in the name of Sh. Tilak Raj and Sh. Prithvi Raj, however, due to legal impediments and practical difficulties, the said Oral Family Settlement could not be formally implemented with respect to the Suit Property. Therefore, no writing was executed for transferring this Suit Property along with the business in favour of Sh. Satya Pal.

5.5 Subsequently, Sh. Tilak Raj filed a suit for partition being CS(OS) 2850/1987 against Sh. Satya Pal and Sh. Prithvi Raj, claiming co-ownership of the Suit property. The said suit was resisted by Sh. Satya Pal, claiming exclusive ownership of the Suit Property basis the Oral Partition through Family Settlement. Sh. Prithvi Raj, however, filed his no objection to the claim of partition.

5.6 Duri