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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 16^th DECEMBER, 2025

IN THE MATTER OF:

+ CS(OS) 2/2017

SH KRISHAN KUMAR SHARMA .....Plaintiff

Through: Mr. Satish Kumar, Advocate

versus

SH NARESH KUMAR SHARMA & ORS .....Defendants

Through: Mr. Vivek Luthra & Rema Luthra

Advs for Defendant No.1 & 2 in Suit and for Counter Claimants in CC

3/2020.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT (ORAL)

I.A. 3926/2018

1. This Application under Order XII Rule 6 of the CPC has been filed by the Plaintiff seeking Judgment and preliminary decree of partition on the

basis of the admissions of the Defendants in the Written Statement.

2. The instant Suit has been filed for partition and permanent injunction in respect of the property bearing No.C-33, Bhagwan Dass Nagar, East Punjabi Bagh, New Delhi – 110026, a two-storey freehold residential building admeasuring 264 sq. yards, comprising ground, first and second

floors (hereinafter referred to as ‘the Suit Property’).

3. Plaintiff and Defendants No.1, 2, 3 & 4 are children of Late Sh.

Signature NoRta Vgheuribfiire Sdingh Sharma and Late Smt. Shanti Devi. Plaintiff and Defendants

No1 & 2 are sons of Late Sh. Raghubir Singh Sharma and Late Smt. Shanti Devi while Defendants No.3 & 4 are daughters of Late Sh. Raghubir Singh Sharma and Late Smt. Shanti Devi.

4. The description of the Suit Property has been given in detail in a map which is a part of the Suit schedule.

5. It is stated that the Suit Property was owned by Smt. Shanti Devi. It is stated that Smt. Shanti Devi enjoyed full rights, title, and interest in the Suit Property until her death on 26.11.2014. It is stated that Sh. Raghubir Singh Sharma, predeceased her on 04.04.2010. Thus, both the parents of the parties herein died intestate. It is stated that upon the death of Smt. Shanti Devi on 26.11.2014, she left behind five legal heirs, i.e. three sons, Sh. Krishan Kumar Sharma (Plaintiff), Sh. Naresh Kumar Sharma (Defendant No.1), and Sh. Ramesh Kumar Sharma (Defendant No.2), and two daughters, Smt. Sheela Sharma (Defendant No.3) and Smt. Pushpa Sharma (Defendant No.4). Shortly after the death of Smt. Shanti Devi, the two sisters executed a Relinquishment Deed dated 27.12.2014, by which they relinquished their respective shares in the Suit Property in favour of their brothers. As a result, the Plaintiff and Defendants No.1 and 2 each became entitled to one-third undivided share in the Suit Property.

6. It is stated that after the death of Smt. Shanti Devi and the execution of the Relinquishment Deed, the Plaintiff approached Defendants No. 1 and 2 on multiple occasions seeking amicable partition of the Suit Property so that each co-owner could obtain separate possession of his share. It is stated that despite repeated requests, the Defendants No.1 and 2 avoided partition and offered false assurances.

7. It is stated that since repeated attempts at an amicable resolution have failed, the Plaintiff has filed the present Suit seeking a decree for partition of the Suit Property by metes and bounds, appointment of a Local Commissioner to carry out the partition, and consequential reliefs including permanent injunction to restrain alienation.

8. Summons were issued in the Suit and Written Statements have been filed. Apart from raising objections regarding territorial jurisdiction, Suit valuation, etc., the facts as narrated in the Written Statement filed by Defendants No.1 & 2 are being reproduced below and the same reads as under:

“1. That the Plaintiff and the Defendants are the real brother and sisters, being the legal heirs of Late Smt. Shanti Devi and Sh. Raghubir Singh Sharma, who have expired on 26.11.2014 and 04.04.2010 respectively.

2. That in the year 1964, the mother of the Defendant No. 1 purchased a property bearing No. C-33, Bhagwan Dass Nagar, East Punjabi Bagh, New Deihi in her name. The parties to the suit started residing there in the suit property. With the passage of time, the families of the parties to the suit grew and in