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2025 Supreme(Online)(Del) 47109

IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J
EAZYAPP TECH PRIVATE LIMITED & ORS. VS. STARTUP STORY PRIVATE LIMITED & ORS.
CS(OS) 930/2025 | I.A. 31870/2025 | I.A. 31869/2025 | I.A. 31871/2025



Advocates:
For the Appellants/Petitioners: Ekansh Jaiswal, Dhruv Wahi, Mahima Wahi
For the Respondents: None

In a suit for partition of ancestral property, the court may order that any third-party rights created over the suit property pending the adjudication of an injunction application shall be subject to the final outcome of that application.

Headnote:The matter involves a civil suit regarding the partition of ancestral property where the parties are siblings and co-owners. The plaintiff claims a 1/5th undivided share in the suit property. The court addressed preliminary applications regarding the exemption of documents and the permission for the plaintiff's counsel to sign applications due to the plaintiff residing abroad, both of which were allowed. The primary issue is whether the suit property should be protected from third-party alienation pending the disposal of the injunction application. The court observed that while notice is issued to the defendants, any third-party rights created over the suit property in the interim shall remain subject to the final outcome of the injunction application. Accordingly, till the defendants appear, if any third party rights are created, the same shall remain subject to the outcome of the instant application.

Table of Content
1. allowance of procedural applications for document exemption and counsel's authorization to sign. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. procedural requirements for suit registration, issuance of summons, and filing of pleadings. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. establishment of co-ownership in ancestral property and request for interim protection. (Para 14 , 15 , 16 , 17)
4. interim direction making third-party rights subject to the outcome of the injunction application. (Para 18 , 19 , 20)

O R D E R

I.A. 31870/2025 (EXEMPTION)

1. Plaintiff shall file legible/original/certified and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

2. The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.

3. The application stands disposed of.

I.A. 31869/2025 (PERMISSION TO ALLOW COUNSEL FOR PLAINTIFF TO SIGN THE I.A IN VIEW OF PLAINTIFF PRESENTLY RESIDING ABROAD)

4. For the reasons stated in the application, the application stands allowed.

5. Let the signed copy by the plaintiff be presented within two months from today.

6. The application stands disposed of.

CS(OS) 930/2025

7. The plaint be registered as a suit.

8. Summons be issued to the defendants by all permissible modes on filing of process fee. Affidavit of service be filed within two weeks.

9. The summons shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.

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

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

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

13. List on 16.03.2026 before the concerned Joint Registrar for completion of service and pleadings and for marking of exhibits.

I.A. 31871/2025 (FOR INJUNCTION)

14. Heard.

15. On plaintiff taking steps, let notice be issued to the defendants through all permissible modes, returnable before the Joint Registrar for completion of pleadings on 16.03.2026.

16. The plaintiff and the defendants are siblings, being the sons and daughters of Late Shri Takhat Singh Gulati. They are stated to be co-owners/co-sharers of the ancestral suit property, with the plaintiff claiming a 1/5th undivided share, and the defendants representing the remaining shares either in their individual capacity or as legal representatives of deceased siblings.

17. Learned counsel for the plaintiff submits that, in the meantime, the defendant be restrained from creating any third party rights over the suit property.

18. Accordingly, till the defendants appear, if any third party rights are created, the same shall remain subject to the outcome of the instant application.

19. List on 16.03.2026 before the concerned Joint Registrar for completion of pleadings and for taking up necessary steps in accordance with extant rules.

20. Thereafter, list before the Court on the date to be assigned by the Joint Registrar.

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