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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on:17.12.2025

Judgment pronounced on: 24.12.2025

Judgment uploaded on: 24.12.2025

+ FAO(OS) 145/2025

VIBHUTI JAUHARI & ANR. .....Appellants

Through: Mr. Krishnan Venugopal, Sr.

Adv. along with Ms. Prity

Sharma, Mr. Shikhar Shant, Mr.

Ashwani Kaushik and Ms.

Umang Motiyani, Advs.

versus

ANITA MUNJAL AND ORS. .....Respondents

Through: Mr. Samrat Nigam, Sr. Adv.

along with Mr. Ajay Dabas, Mr.

Anand Dabas, Ms. Priyanka

Dagar, Ms. Arpita Rawat, Mr.

Ravi Dagar and Mr. Rishikesh,

Advs.

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. Through the present Appeal, Appellants/Defendant Nos.1 and 2

assail the correctness of the Judgment dated 10.09.2025 [hereinafter

referred to as „Impugned Judgment‟], whereby the learned Single

Judge dismissed the Application filed by the Appellants under Order

VII Rule 11 of the Code of Civil Procedure, 1908, [hereinafter

referred to as „CPC‟].

Signature Not Verified

Signed By:JAI

NARAYAN

Signing Date:24.12.2025 FAO(OS) 145/2025 Page 1 of 16

12:28:27

2. Herein, the parties shall be referred to by their status and

ranking in the suit, i.e., CS(OS) No. 4/2020.

FACTUAL MATRIX:

3. In order to comprehend the issues involved in the present case,

relevant facts, in brief, are required to be noticed.

4. The genealogical chart of the family is extracted as under:

5. The present suit concerns disputes with respect to the following

suit properties, namely: (i) Flat No. 115-D, Bathlas Co-operative

Group Housing Society Ltd., Plot No.43, I. P. Extension, Patparganj,

Delhi, in respect whereof payments were made during the period

1984-1992 [hereinafter referred to as „Bathla Property‟]; and (ii) Plot

No.91, Maulsari Road, DLF Qutab Complex, Phase-III, Gurugram,

Haryana, admeasuring 490 sq. metres, in respect whereof payments

were made during the period 1990-1992 [hereinafter referred to as

„Gurugram Property‟].

6. It is the case of the Plaintiff that the suit properties were

acquired from joint family funds, including the proceeds derived from

Signature Not Verified

Signed By:JAI

NARAYAN

Signing Date:24.12.2025 FAO(OS) 145/2025 Page 2 of 16

12:28:27

the sale of properties left behind by the late Sh. D. D. Jauhari

[hereinafter referred to as „deceased father‟], and were intended for

the benefit and welfare of the family as a whole. However, while the

Gurugram Property was purchased in the joint names of the late Smt.

Kaushalya [hereinafter referred to as „deceased mother‟] and the late

Sh. Vinay Jauhari [hereinafter referred to as „Vinay‟], the share

certificate and allotment letter in respect of the Bathla Property stood

issued exclusively in the name of Vinay.

7. The Plaintiff avers that at the time of booking of the Bathla

Property, Vinay was merely 21 years of age and was pursuing his

education, having no independent or discernible source of income. It

is further averred that the said property was, in fact, utilized by the

deceased mother for residential purposes.

8. The Plaintiff further claims that upon the death of Vinay on

21.02.2018, the parties entered into discussions concerning the

partition of the suit properties. However, Defendant Nos.1 and 2

thereafter instituted a civil suit seeking a declaration of their title in

respect of the Gurugram Property, asserting that Vinay was its

absolute owner. It is averred that in the said suit, Defendant Nos.1 and

2 relied upon and produced a Gift Deed dated 16.08.2005, purportedly

executed by the deceased mother in respect of her share in the

Gurugram Property in favour of Vinay. The Plaintiff asserts that no

reference to the said Gift Deed was ever made by its alleged executant

during her lifetime and that the Plaintiff became aware of the

existence of the said Gift Deed only during the course of the aforesaid

civil proceedings.

Signature Not Verified

Signed By:JAI

NARAYAN

Signing Date:24.12.2025 FAO(OS) 145/2025 Page 3 of 16

12:28:27

9. On the other hand, it is the ca