$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 57/2026 SH MAHENDER SINGH .....Plaintiff Through: Mr. D.K. Rustagi, Ms. Anjali Pandey and Mr. Ashu Narwal, Advs.

versus SH RANDHIR SINGH (SINCE DECEASED) AND ORS .....Defendants Through: Ms. Nitika Bhutani, PC for D-21 to D-23.

Mr. Sanjay Vashisht, Mr. Siddhartha Goswami, Ms. Geetanjali and Mr. Aditya Sachdeva, Advs. for D-

25/DDA.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 21.01.2026 I.A. 1388/2026 (under Section 149 CPC seeking extension of time to make up the deficiency of court fees)

1. Mr. D.K. Rustagi, learned counsel for the plaintiff submits that the deficient court fee has already been filed. The statement is taken on record.

2. The application stands disposed of.

I.A. 1387/2026 (under Section 151 CPC by plaintiff seeking exemption from serving advance notice upon D-1 to D-20)

3. The present application has been filed seeking exemption from serving advance notice of the present suit.

4. Mr. D.K. Rustagi, learned counsel for the plaintiff submits that the relief being sought in the present suit are that no third party rights be created in the suit property.

5. He has invited attention of the Court to three Agreements to Sell dated

24.10.2024, 22.11.2024 and 22.11.2024 at page nos. 91 to 106, 97 to 101 and 102 to 106 respectively, in the documents file to contend that the suit property has not yet been partitioned and despite the fact the defendants have alienated portion of the suit properties.

6. Further referring to the site plan at page no.5 of the list of documents, he submits that the defendants have already raised walls at points X-Y; X1- Y1; K-L, and K1-L1, and in case the defendants are served with an advance copy of the suit, they will immediately accelerate the illegal activities to defeat the present suit.

7. Having regard to the submissions made by Mr. Rustagi, the application is allowed and the plaintiff is permitted to file the present suit without affecting advance service on the defendants.

8. The application stands disposed of.

I.A. 1386/2026 (under Section 151 CPC by plaintiff seeking exemption from filing typed copy of page nos. 91 to 106 within two weeks)

9. Allowed, subject to all just exceptions.

10. Let typed copy be filed within four weeks.

11. Application stands disposed of.

CS(OS) 57/2026

12. The plaint be registered as a suit.

13. Issue summons. Ms. Nitika Bhutani, learned Panel Counsel appearing on advance service accepts summons on behalf of defendant nos. 21 to 23 and waives formal service of summons. Likewise, Mr. Sanjay Vashisht, learned counsel appearing on advance service accepts summons on behalf of defendant no.25/DDA and waives formal service of summons.

14. They submit that complete copies of the paper book including plaint, applications and the documents have been received by them. Let defendant nos. 21 to 23 and 25 file written statement within thirty days.

15. On plaintiff taking steps, summons be issued to the remaining defendants by all permissible modes. Dasti in addition.

16. The summons shall indicate that written statement must be filed within thirty days from the date of receipt of summons.

17. The defendants shall also file an affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statement shall not be taken on record.

18. The plaintiff is at liberty to file replication thereto within thirty days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication shall not be taken on record.

19. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

20. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

21. List before the learned Joint Registrar for completion of service, pleadings, admission/denial of documents and marking of exhibits on

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