$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 880/2025, I.A. 30434/2025, I.A. 30435/2025, I.A.

DR. INDRANEEL MITTRA & ORS. .....Plaintiffs Through: Mr. B. B. Gupta, Sr. Adv. with Ms.

Priya Deep, Mr. Achal Gupta, Mr. Karan Jain, Mr. Vinod Yadav, Advocates (M:9873898440)

versus MRINMAYI PANDA .....Defendant Through: Ms. Bhumi Agarwal, Ms. Urvi Syal, Advocates (M:7317896394)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 12.01.2026 I.A. 30435/2025 (Seeking permission to file lengthy list of dates and synopsis)

1. The present application has been filed by the plaintiffs seeking permission to file long and lengthy list of dates and synopsis.

2. Considering the submissions made in the present application, the present application is allowed and the same is disposed of.

I.A. 30437/2025 (Seeking time to file additional Court Fee)

3. The present is an application filed on behalf of the plaintiffs seeking time to file additional/deficient Court Fee.

4. Learned Senior Counsel for the plaintiffs submits that he has instructions to withdraw the present application, as appropriate Court Fee has already been paid with the plaint.

5. Noting the aforesaid, the present application is dismissed, as withdrawn.

6. The present application has been filed under Order XXII Rule 3, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) for substitution of legal heirs of plaintiff no. 2, i.e., Late Mr. Dev Ranjan Mittra. 7. Learned Senior Counsel for the plaintiffs submits that the present application has been filed by Mrs. Sagorika Mittra and Ms. Devika Mittra, seeking substitution as legal heirs of plaintiff no. 2, i.e., Late Mr. Dev Ranjan Mittra, who expired on 07^th December, 2025.

8. The copy of the Death Certificate of plaintiff no. 2, i.e., Late Mr. Dev Ranjan Mittra, has been filed along with the present application.

9. It is submitted that Late Mr. Dev Ranjan Mittra is survived by his two legal heirs, i.e., Mrs. Sagorika Mittra and Ms. Devika Mittra.

10. Thus, it is submitted that upon the death of plaintiff no. 2, the right to sue survives upon his legal heirs, i.e., Mrs. Sagorika Mittra (wife) and (ii)

Ms. Devika Mittra (daughter).

11. It is submitted that since Late Mr. Dev Ranjan Mittra, died intestate, hence, his 1/4^th share in the suit property shall devolve upon his legal heirs in equal share, i.e., 1/8^th each. Thus, the present application has been filed.

12. Issue notice. Notice is accepted by learned counsel for the defendant.

13. Considering the submissions made before this Court, the present application is allowed and the applicants, i.e., Mrs. Sagorika Mittra and Ms.

Devika Mittra are substituted as legal heirs of deceased plaintiff no. 2.

14. The amended Memo of Parties filed along with the present application, is taken on record.

15. With the aforesaid directions, the present application is disposed of.

16. Let the plaint be registered as a suit.

17. Issue summons. Summons is accepted by learned counsel appearing for defendant.

18. Learned counsel appearing for the defendant submits that the defendant has already sold his 1/4^th undivided share in the property, i.e., 70, Jor Bagh, New Delhi - 110003, admeasuring about 636.2 sq. yards, comprising of Ground Floor, First Floor and the Terrace.

19. At this stage, learned Senior Counsel for the plaintiffs submits that in view of what has been recorded in the order dated 05th December, 2025, a

preliminary decree be passed by this Court.

20. This Court notes that vide order dated 05th December, 2025, it has

been recorded as follows:

“xxx xxx xxx

7. Counsel appearing for the parties are ad idem that the plaintiffs collectively own 3/4th share in the property whereas defendant owns

1/4^th share in the property.

xxx xxx xxx”

21. Accordingly, a preliminary decree is passed, declaring the plaintiffs as owners of 3/4th share of the suit property and the defendant as owner of 1/4th

share of the suit property.

22. This Court notes that the suit property measures 636.2 sq. yards and comprises of Ground Flo