$~55 and 56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1034/2011 CAPTAIN(RETD) RAJINDER NATH KUMRAH .....Plaintiff Through: Mr. Navin Kumar, Mr. Rohit Kumrah, Dr. Neena Bhasin, Advs. versus HARBANS LALL KUMRAH & ORS .....Defendants Through: Mr. K.C. Joshi, Adv. for D-1.

Mr. Bharat Beriwal, Adv. for D-

2.

Mr. Subrat and Mr. Anshul Gupta, Advs. for D-3.

Mr. Anil Kumar Sharma and Mr. Apoorav Kumar Sharma, Advs. for D-4 and D-5.

56 + CS(OS) 2601/2011 CAPTAIN(RETD) RAJINDER NATH KUMRAH .....Plaintiff Through: Mr. Navin Kumar, Mr. Rohit Kumrah, Dr. Neena Bhasin, Advs. versus HARBANS LAL KUMRAH & ORS .....Defendants Through: Mr. K.C. Joshi, Adv for D-1 and 3.

Mr. Bharat Beriwal, Adv. for D-

2.

Mr. Anil Kumar Sharma and Mr. Apoorav Kumar Sharma, Advs. for D-4 and D-5.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 28.01.2026 I.A. 2294/2026 in CS(OS) 1034/2011 & I.A. 2346/2026 in CS(OS)

2601/2011

1. These applications are filed to pass a decree in terms of Settlement Deed dated 08.01.2026. 2. The applications are allowed.

3. The Settlement Deed be taken on record.

CS(OS) 1034/2011 & CS(OS) 2601/2011

4. The prayer of CS(OS) 1034/2011 is as under:

a) that a decree of declaration be passed to the effect that under an oral family settlement entered into between the plaintiff and defendants No.1 and 2 along with their late father, it was settled that i) Property No. 49/19, East Patel Nagar, New Delhi shall belong exclusively to the plaintiff. It was also a term of the settlement that parents of the plaintiff shall during their life time have the right to live in the aforesaid property alongwith the plaintiff.

ii) Plot to be allotted in lieu of the membership of the Janta Cooperative Housing Building Society Ltd. shall be owned by the father of the plaintiff alongwith the plaintiff and defendants No.1 and 2 in equal shares.

b) a preliminary decree of partition in respect of property No. B-363, Meera Bagh, New Delhi be passed in favour of the plaintiff and against the defendant No.1 and 2 in respect of the 1/3^rd share of the property in suit.

c) a local commissioner may be appointed to divide the property No. B- 363, Meera Bagh, New Delhi by metes and bounds and the plaintiff be put in physical possession of 1/3^rd share. In case the aforesaid property cannot be divided by metes and bounds, the said property may be directed to be sold in such manner as this Hon'ble Court may deems fit and the sale proceeds may be equally divided between the plaintiff and defendants No.1 and 2.

d) by a decree of mandatory injunction defendants No. 1 and 2 may be directed to execute in favour of the plaintiff the deed of relinquishment in respect of property No. 49/19, East Patel Nagar, New Delhi in terms of oral family settlement entered into between the parties in the year

1970.

e) alternatively, in case the relief as per clause (a) is not granted, a decree of declaration may be passed to the effect that the transfer of share certificate No. 798 held in the name of plaintiff in Janta Coop. House Building Society Ltd. in favour of defendant No. 1 was without consideration and hence void.

f) by a decree of mandatory injunction the defendant No.3.may be called upon to cancel the documents of transfer executed by it in favour of defendant No. 1 in respect of property No. B-363, Meera Bagh, New Delhi and to execute in favour of the plaintiff the documents of transfer of the suit property.

g) Such other or further relief which this Hon'ble Court may deem just, fit and proper be also granted in favour of the plaintiff and against the defendants.

5. The prayer of CS (OS) 2601/2011 is as under:

a) that a decree of declaration be passed to the effect that the sale deed dated 31.03.2011 executed by the defendant no. 1 in favor of the defendant no. 3 in respect of property bearing No. B-363, Village Nangloi Syed, New Delhi now known as Meera Bagh, Paschim Vihar, New Delhi-110063 is invalid/void and non- est/illegal and the plaintiff is not bound by it, and b) that a decree of decl