SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Del) 4765

IN THE HIGH COURT OF DELHI AT NEW DELHI
AMANPREET AHLUWALIA & ORS. VS. SMT KIRANJOT SINGH & ORS.
CS(OS) 781/2025



$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 781/2025 SHRI GIAN PRAKASH SINGH .....Plaintiff Through: Mr. Kartik Wadhwa, Adv.

versus SHRI MULAKH RAJ SEHGAL AND OTHER .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 24.02.2026 I.A. 27158/2025 (under Section 151 CPC seeking exemption from filing original/certified copies)

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) 781/2025

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 plaintiff, failing which the written statement shall not be taken on record.

7. The plaintiff is at liberty to 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

12.05.2026.

11. List before Court for framing of issues on the date to be assigned by learned Joint Registrar.

I.A. 27157/2025 (by plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC)

12. Issue notice. Notice be served upon the defendants by all permissible modes.

13. The present suit has been filed by the plaintiff praying for decree of partition with regard to the suit property bearing no. IX/2915, Gurudwara Gali, Near MCD School, Kailash Nagar, Gandhi Nagar, Delhi-110031 (hereinafter referred to as the suit property).

14. Mr. Kartik Wadhwa, learned counsel appearing on behalf of plaintiff submits that the suit property was originally owned by Mani Ram Sehgal, who died intestate leaving behind 07 class I legal heirs including father of the present plaintiff who was also one of the son.

15. He submits that the share to the extent of 1/7th devolved upon the plaintiff’s father and after his death, the plaintiff and defendant no.5 (brother of the plaintiff) are entitled to the share to the extent of 1/14th share each in the suit property.

16. He submits that the defendant nos. 2 and 3 are in possession of the suit property and the request has been made by the plaintiff to partition the suit property but such request has not been acceded to by the defendant nos. 2 & 3, rather the defendant nos.2 & 3 are in the process of creating third partyinterest over the suit property.

17. Having regard to the fact that the plaintiff is stated to be the Class I legal heir of the son of the original owner Mani Ram Sehgal, this Court is of the view that he would ordinarilyhave a share in the suit property.

18. Accordingly, I am of the view that the plaintiff has 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 quo being passed. I am satisfied that the plaintiff will suffer an irreparable loss and injury if third partyinterests are created in the suit propertytill the next date.

19. The parties are, therefore, directed to maintain status quo as to the title and possession of suit property, till the next date of hearing.

20. The defendants will be at liberty to apply for variation, vacation or modification of

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top