$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23^rd JANUARY, 2026 IN THE MATTER OF:

+ CS(OS) 127/2022 MAYA .....Plaintiff Through: Appearance not given.

versus RAJESH & ORS ......Defendants Through: Mr. Maroof Ahmad, Adv for Defendant No. 1.

Mr. Raghavendra Mohan Bajaj and Mr. Shagun Agarwal, Advs for Proposed Defendant Mr. Neeraj Kumar.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL)

O.A. 13/2026 & I.A. 2050/2026

1. The present chamber appeal being O.A. 13/2026 under Rule 5 Chapter II of the Delhi High Court (Original Side) Rules, 2018 has been filed by Defendant No.1 against the Order dated 12.02.2024 passed by the Ld. Joint Registrar in the present Suit, whereby, the right of Defendant No.1 and Defendant No.3 for filing the written statement was closed.

2. I.A. 2050/2026 under Order 41 Rule 3A of CPC read with Section 5 of the Limitation Act, 1963 has been filed by Defendant No.1 seeking condonation of delay of 695 days in filing the chamber appeal being O.A.

13/2026.

3. The present Suit is one for partition, permanent and mandatory injunction and rendition of accounts in respect of the Suit Properties left by the father of the Plaintiff i.e. Late Shri Vasudeva.

4. It is the case of the Plaintiff that the father of the Plaintiff Late Shri Vasudeva died intestate on 02.10.2020, leaving behind Plaintiff and the Defendants as the only Legal Heirs. It is stated that the Plaintiff and the Defendants are siblings and on the death of Late Shri Vasudeva, they are entitled to get the estate of Late Shri Vasudeva. It is stated that Late Shri Vasudeva passed away leaving behind the following Suit Properties:

“a) House No. 164, MIG Flat, Second Floor, Greenwali Apartments, Sector-18, Rohini, Delhi;

b) House No. BB, 393-394, Ashok Basti, Nabi Karim, Pahar Ganj, Delhi-110055 measuring 50 sq. yards and consisting of a ground floor and a first floor;

c) One House measuring 250 sq. yards in Bawana Delhi-110055 with basement and ground floor bearing no. g-75, Sector-5;

d) One House measuring 112 sq. yards, bearing No.

251, Sector 105, Noida, Delhi-110055;

e) One D.D.A. Flat bearing no. D-72, Sector-5, Samusa Chowk, Bawana, Delhi;

f) One Shop on Ground Floor bearing No.6618 in Neem Wala Chowk, Nabi Karim, Pahar Ganj, Delhi;

g) One shop bearing no. 5870, Gali No.15, Singara Chowk, Sikli Gram, Nabi Karim, Pahar Ganj, Delhi;

h) One Plot measuring 50 sq. yards in Kachi Khajuri, Delhi.

i) Besides these the Defendant No.1 is also earning rented income from the above listed properties being (d),(e),(f);”

5. It is stated that on 24.07.2015, a Suit for permanent and mandatory injunction was filed against Defendant No.1 in respect of the Property No.BB, 393, Ground Floor, Ashok Basti, Nabi Karim, Delhi- 110055. It is further stated that in February, 2016, the Plaintiff was dispossessed from the said property by the Defendant along with her husband. It is stated that since the Plaintiff was dispossessed from the property, the above-mentioned Suit for permanent and mandatory injunction was withdrawn. It is stated that, thereafter, on 01.02.2016, the Plaintiff filed another Suit bearing No.16975/2016 titled as ‘Maya & Anr. v. Rajesh & Ors.’ for possession of the said property and same is pending before the Addl. District Judge, Tis Hazari Court, Central District, Delhi. Thereafter, the present Suit has been filed by the Plaintiff.

6. Summons was issued in the Suit on 10.03.2022.

7. The Office Report indicates that summons was served upon Defendant No.1 on 21.09.2022 intimating that the next date of hearing in the Suit is 27.10.2022. The Report of the Process Server indicates that he has served the summons on the given address where he met a lady - Janaki Devi who introduced herself as the wife of Defendant No.1. Similarly, summons was served upon Defendant No.3 on 24.09.2022.

8. Since the maximum time prescribed for filing the written statement under the Delhi High Court (Original Side) Rules, 2018 came to an end and the Defendant No.1 and Defendan