$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 895/2025 with I.A. 30825/2025, I.A. 30826/2025 and I.A.

30827/2025 SHYAM BABU .....Plaintiff Through: Mr. Sarvesh Rai, Advocate.

versus RAM BABU AND ANOTHER .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 10.12.2025 I.A. 30826/2025 (seeking exemption from filing legible/ clear copies of documents)

1. Allowed, subject to the plaintiff filing legible/ clear copies of documents within four (4) weeks from today.

2. The application stands disposed of.

I.A. 30827/2025 (seeking leave to file lengthy list of dates and events)

3. For the reasons stated, the plaintiff is permitted to file lengthy list of dates and events.

4. The application stands disposed of.

CS(OS) 895/2025

5. Let the plaint be registered as a suit.

6. Issue summons.

7. Summons be issued to the defendants through all permissible modes including email.

8. The summons shall state that the written statement(s) shall be filed by the defendants within thirty (30) days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/ denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.

9. Liberty is given to the plaintiff to file replication(s), if any, within thirty (30) days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiff, affidavit(s) of admission/ denial of the documents of the defendants be filed by the plaintiff.

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

11. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

12. List before the Joint Registrar on 12^th February, 2026.

13. List before the Court on 16^th April, 2026.

I.A. 30825/2025 (u/O-XXXIX Rules 1 and 2 of the CPC)

14. The present suit has been filed inter alia seeking declaration and partition of the movable and immovable properties belonging to the father and the mother of the parties.

15. The plaintiff and the defendants no.1 and 2 are siblings.

16. The mother of the parties expired on 6^th February, 2022 and the father of the parties expired on 9^th November, 2024. It is the case of the plaintiff that both parents expired intestate.

17. It is stated that after the demise of the parents of the parties, the plaintiff requested the defendant no.1 for partition of the estate of their deceased parents, for which the defendant no.1 sought some time. However, on 23^rd August, 2025, the defendant no.1 served an eviction notice upon the plaintiff along with a copy of a purported Will dated 26^th July, 2021 of the father of the parties, as per which the entire property at Uttam Nagar has been bequeathed exclusively to the defendant no.1.

18. The plaintiff is challenging the validity and genuineness of the said Will in the present suit.

19. The details of the properties are given in paragraph 26 of the plaint, which are reproduced below:

20. It is submitted that the defendant no.1 is taking steps to dispossess the plaintiff from the ground floor of the Uttam Nagar property and is also threatening to create third-party rights in the suit properties.

21. None appears on behalf of the defendants despite advance service.

22. Issue notice to the defendants through all permissible modes.

23. Reply(ies) be filed within four (4) weeks.

24. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

25. In view of the above, a prima facie case is made out on behalf of the plaintiff. Balance of convenience also lies in favour of the plaintiff. Irreparable loss would be caused to the plaintiff if the parties are not directed to maintain status quo with regard to title and possession of the suit properties.

26. Accordingly, till the next date of hearing, status quo with regard to title and possession shall be maintained qua the movable and immovable