$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 294/2017 SH. DALIP PURI .....Plaintiff Through: Mr. Dhiraj Sachdeva along with Mr.

Dalip Puri, Advs with plaintiff in person versus MRS. RITU MALHOTRA .....Defendant Through: Mr. Amarjit Singh Bedi, Adv. & Mr.

Yashwant Sanjenbam, Adv.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 17.02.2026

1. The instant suit is one for partition with the following prayers:-

“a). Pass a Preliminary decree of partition in favour of the Plaintiff holding Plaintiff to be 50% owner of the property bearing No. A-1/144, Safdarjung Enclave, New Delhi, and agriculture property situated at revenue village Bhajegaon, Taluka - Maval, District Pune bearing Gat no 24/1 admeasure 00 Hectare / 81 Ares, Gat no 25 admeasure 01 Hectare / 10 Ares and Gat no 24/2 admeasure 00 Hectares/ 39.2 Ares and also declaring that the Plaintiff is entitled to 50% share in the movable assets left by Brig. Surinder Kumar Puri and Mrs. Versha Puri.

b). Appoint a Local Commissioner to suggest mode of partitioning the properties mentioned in prayer a) by metes and bounds.

c). Pass a final decree of partition in terms of the report of the Local Commissioner allocating 50% share in property bearing No. A-1/144, Safdarjung Enclave, New Delhi and agriculture property situated at revenue village Bhajegaon, Taluka - Maval, District Pune bearing Gat no 24/1 admeasure 00 Hectare / 81 Ares, Gat no 25 admeasure 01 Hectare / 10 Ares and Gat no 24/2 admeasure 00 Hectares/ 39.2 Ares and directing the Plaintiff to be put in possession of the portions of properties so allocated to the Plaintiff.

d). Pass a Mandatory Injunction directing the defendant to disclose the movable assets left behind by Brig. Surinder Kumar Puri and Mrs. Versha Puri and direct the Defendant to handover 50% share of the movable assets left by Brig. Surinder Kumar Puri to the Plaintiff.

e). Pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant restraining the Defendant from in any way selling, transferring, alienating, creating third party interest or parting with possession of the properties mentioned in prayer a hereinabove.

f). Costs of suit may also be awarded in favour of the Plaintiff.

g). Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. A perusal of the prayer clause indicates that partition is sought for two properties. However, the Defendant propounded a Will dated 08.02.2013 of her father Late Brig. Surinder Kumar Puri. The said Will dealt with only one of the two properties, meaning thereby, the properties situated at District Pune were not covered under the said Will. This Court on 24.11.2017 after recording this fact passed a preliminary decree regarding the property situated at Pune. Paragraph 4 and 5 of the said Order reads as under:-

“4. Accordingly, a preliminary decree is passed holding that both the plaintiff and the defendant have a 50% ownership each in the aforesaid property being agricultural property situated at revenue village Bhajegaon, Taluka-Maval, District Pune bearing Gat no 24/1 admeasure 00 Hectare/81 Ares, Gat no. 25 admeasure 01/Hectare/10 Ares and Gat no.24/2 admeasure 00 Hectares/39.2 Ares. Preliminary decree be accordingly drawn up.

5. Parties to examine the issue whether this agricultural land at District Pune can be partitioned by metes and bounds, and if so both the parties will file their suggestions in the form of an affidavit as to how this property in District Pune has to be partitioned by metes and bounds.”

3. It is pertinent to mention that on 07.03.2026, this Court dismissed the suit qua the property covered under the Will. As far as Pune property is concerned, with the assistance of the learned Counsels for the Plaintiff and the Defendant, the parties have decided to put an end to the suit by distributing the property situated at Pune District.

4. The parties have handed over the consent terms to the Court t