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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 945/2025 with I.A. 32237/2025, I.A. 32238/2025 & I.A.

32239/2025

RASHID MAHMOOD .....Plaintiff

Through: Mr. Sanjeev Sindhwani, Senior

Advocate with Mr. Aly Mirza,

Advocate

versus

MST. MARYAM BEE AND ORS .....Defendants

Through:

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 22.12.2025

I.A. 32238/2025 (seeking exemption from filing certified copies of

documents

I.A. 32239/2025 (seeking exemption from filing fair/ legible/ true typed

copies of documents

1. Allowed, subject to the plaintiff filing certified/ fair/ legible/ true

typed copies of documents within four (4) weeks from today.

2. The applications stand disposed of.

CS(OS) 945/2025

3. Let the plaint be registered as a suit.

4. Issue summons.

5. Summons be issued to the defendants through all permissible modes

including email.

6. The summons shall state that the written statement(s) shall be filed by

CS(OS)945/2025 Page1of5

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The Order is downloaded from the DHC Server on 20/01/2026 at 01:09:49

the defendants within thirty (30) days from the date of the receipt of

summons. Along with the written statement(s), the defendants shall also file

affidavit(s) of admission/ denial of the documents of the plaintiff, without

which the written statement(s) shall not be taken on record.

7. Liberty is given to the plaintiff to file replication(s), if any, within

thirty (30) days from the receipt of the written statement(s). Along with the

replication filed by the plaintiff, affidavit(s) of admission/ denial of the

documents of the defendants be filed by the plaintiff.

8. It is made clear that any unjustified denial of documents may lead to

an order of costs against the concerned party.

9. If any of the parties wish to seek inspection of any documents, the

same shall be sought and given within the prescribed timelines.

10. List before the Joint Registrar on 19^th February, 2026 for completion

of service and pleadings.

11. List before the Court on 8^th April, 2026, along with CS(COMM)

590/2023.

I.A. 32237/2025 (under Order XXXIX Rule 1 & 2 of the CPC

12. The present suit has been filed inter alia seeking a declaration to the

effect that the plaintiff is entitled to 50% undivided share in the estate of his

parents and a declaration that the two gift deeds dated 23^rd August, 1991

allegedly executed by the father and mother of the plaintiff and the

defendant no.5 in favour of the defendant no.1 are forged and fabricated.

13. The present suit relates to the property owned by the parents of the

plaintiff and the defendant no.5 being Property no. 1806, Chandni Chowk,

Delhi-06, which is the municipal number given to upper floors (first floor

and second floor) over and above Property no. 1807-08, Chandni Chowk,

CS(OS)945/2025 Page2of5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 01:09:49

Delhi-06, which are the numbers given to the shops on the ground floor

(hereinafter ‘suit property’)

14. The defendant no.5 is the brother of the plaintiff and the defendant

no.1 is the wife of the defendant no.5.

15. The plaintiff and the defendant no.5 are the only children of Late Haji

Abdul Sattar and Late Mst. Zubaida Khatoon.

16. The defendants no.2, 3 and 4 are the intending purchasers of the suit

property, who have entered into an agreement to sell dated 27^th December,

2022 in respect of the suit property.

17. It is the case of the plaintiff that after the passing of his father on 23^rd

November, 1993 and mother on 19^th April, 1996, the entire estate of the

parents devolved upon the plaintiff and the defendant no.5 equally in

accordance with Muslim Hanafi law.

18. It is the case of the plaintiff that after the death of his parents, both the

brothers, i.e., the plaintiff a