IN THE HIGH COURT OF DELHI AT NEW DELHI
MEENAKSHI SAIGAL VS. MR SANJEEV KUMAR MALHOTRA
CS(OS) 155/2026
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 155/2026 MR. BIJENDER SINGH AND ANR. .....Plaintiffs Through: Mr. Faisal Naseem, Mr. Vinay Garg and Mr. Arun, Advs.
versus MR. VINOD KHARI AND ORS. .....Defendants Through:
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 18.02.2026 I.A. 4568/2026 (exemption from filing original/certified copies of documents)
1. This is an application seeking exemption from filing certified/original copies of documents. Original documents shall be produced/filed, if sought, strictlyas per the provisions of DHC (Original Side) Rules, 2018.
2. Allowed, subject to all just exceptions.
3. The application is disposed of CS(OS) 155/2026
4. The plaint be registered as suit.
5. On filing of process fee, summons be issued to the defendants by all permissible modes.
6. The summons shall indicate that written statement must be filed within thirty days from the date of receipt of summons. The defendants shall also file an affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statement shall not be taken on record.
7. The plaintiffs are at libertyto 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.
8. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
9. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
10. List before the learned Joint Registrar for completion of service, pleadings, admission/denial of documents and marking of exhibits on
07.05.2026.
11. List before Court for framing of issues on the date to be assigned by learned Joint Registrar.
I.A. 4567/2026 (under Order XXXIX Rules 1 & 2 CPC by plaintiffs)
12. The present suit has been filed praying for decree of partition and permanent injunction.
13. The case set out in the plaint is that the plaintiffs jointly own 25% share in the property bearing no. XII/5935-40 (Milap Griha) Plot No. 17 in Block UA situated in the layout plan of the Northern CityExtension Scheme No.1, Subzi Mandi, Delhi now known as Jawahar Nagar, Delhi 110007 admeasuring 134.45 Sq. Yds. (hereinafter the ‘suit property’).
14. Mr. Faisal Naseem, learned counsel appearing on behalf of the plaintiffs submits that plaintiff no.1 and defendant no.1 jointly purchased 10% undivided share of the entire Ground Floor without terrace rights of the suit property vide sale deed dated 27.11.2015 (registered on 30.11.2015).
15. Subsequently, plaintiff nos.1 & 2 also jointly purchased 20% undivided share in the entire Ground Floor without terrace rights in the suit propertyvide another sale deed dated 27.11.2015 (registered on 30.11.2015). 16. He submits that the plaintiffs thus own total 25% undivided share in the suit property and the remaining share is owned by the defendants. However, the plaintiff is not been able to lay his hands on the sale deeds vide which the defendants have purchased their respective shares in the suit properties.
17. He submits that the plaintiffs have requested the defendants for partitioning the suit property, however, they have not acceded to the said request, rather the defendants are planning to construct multi storeyed commercial complex on the suit property.
18. He further submits that in case any construction is carried out or third party rights are created over the suit property, the plaintiff will suffer irreparable loss.
19. Having regard to the fact that the plaintiffs are owners to the extent of 25% of the suit property having purchased the same vide above mentioned two sale deeds, I am of the view that the plaintiffs have made out a prima facie case for grant of limited ad interim order of status quo. The balance of convenience is also in favour of an interim order of status qu
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