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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 109/2023 & I.A. 2998/2023, I.A. 42415/2024

USHA NINDAWAT .....Plaintiff

Through: Mr. Sahil Nindawat, Mr. Nishant

Shokeen, Advocates

versus

GINNO GOTHWAL AND ORS & ORS. .....Defendants

Through: Mr. Kartickay Mathur and Mr.

Shanker and Mr. Devender Dubey,

Advs

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 15.01.2026

I.A. 16403/2025

1. This application under Order XVIII Rule 1 of CPC has been filed on behalf of the Plaintiff for a direction to the Defendants to begin their

evidence first.

2. The instant Suit is one for declaration, partition, permanent and mandatory injunction of the Property bearing No. A-77, Phase -III, Ashok Vihar, Delhi -110052 [“Suit Property”] belongs to the father of the Plaintiff i.e., Late Shri Kishori Lal Gothwa, who according to the Plaintiff has passed away intestate on 01.01.2007 leaving behind six legal heirs i.e., the Plaintiff and Defendant Nos.1 to 5. Defendant No.1 is the mother of the Plaintiff and wife of Late Shri Kishori Lal Gothwal, and Defendant Nos. 2 to 5 are the brothers of the Plaintiff and sons of Late Shri Kishori Lal Gothwal and Defendant No.1. Defendant Nos.6 & 7 are in possession of the

Suit Property, who according to the Plaintiff have purchased the Suit Property from Defendant Nos.1 to 5 vide a Sale Deed dated 04.12.2020.

3. It is the case of the Plaintiff that the Suit Property was allotted to the father - Late Shri Kishori Lal Gothwal under a Government Scheme. It is stated that after the death of father, the Plaintiff and Defendants Nos.1 to 5 lived peacefully in the Suit Property. It is stated that Defendants and more particularly Defendants Nos.2 to 5 emotionally impressed upon the Plaintiff that it has been agreed by all the siblings that they will execute a Relinquishment Deed in favour of their mother i.e., Defendant No.1, who was aged about 78 years, so as to let her enjoy the Suit Property that was purchased by her late husband, as the owner till she is alive and it was also agreed that in the event of demise of their mother, the Suit Property would be shared equally amongst them. It is stated that the Plaintiff being emotionally attached with her brothers and mother, immediately agreed and accordingly, a Relinquishment Deed was executed on 27.02.2018. It is also stated that that at the time of execution of the Relinquishment Deed dated 27.02.2018, it was further mutually agreed upon that when the Suit Property would be sold, all the legal heirs including the Plaintiff will get equal share from the proceeds of the sale of the Suit Property. It is stated that it was only a ruse to oust the Plaintiff from the share of the Suit Property and Defendant Nos.1 to 5 had joined hands amongst themselves to deprive the Plaintiff of the share of the Suit Property. Resultantly, the Plaintiff has filed the present Suit.

4. Written statements have been filed by the Defendants. Defendants have set up a Will dated 06.09.2000 by which the Suit Property has been bequeathed to Defendant No.1 by her husband Late Shri Kishori Lal Gothwal.

5. This Court vide Order dated 27.05.2025 has framed the following issues:

“i. Whether the Plaintiff is entitled to 1/6th undivided share in the Suit Property bearing No. A-77, Phase-III, Ashok Vihar, Delhi, as one of the Class-1 legal heirs of Late Sh. Kishori Lal Gothwal? OPP ii. Whether the alleged Will dated 06.09.2000, is a true and genuine Will executed by the deceased father i.e., Late Shri Kishori Lal Gothwal? OPD iii. Whether the Plaintiff executed the relinquishment deed 27.02.2018 in favour of the Defendant No. 1 (mother) under the express understanding and condition that the sale proceeds of the suit property would be shared equally amongst all siblings, including the Plaintiff? OPP iv. Whether the Relinquishment Deed dated 27.02.2018 executed by the Plaintiff in favour of Defendant No. 1 was obtained by misrepresentation and undue influence, and is therefore liable to be declared as null and void?