* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24^th MARCH, 2026 IN THE MATTER OF:

I.A. 10757/2023 IN + CS(OS) 190/2023 SHEETAL YADAV @ KOYAL .....Plaintiff Through: Mr. Nitin Bhardwaj, Mr. Rohit Pratap Singh, Advocates versus SWAPNIL YADAV @ SONU & ORS. .....Defendants Through: Mr. Harvinder Singh, Advocate for D-1 & D-2 CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

I.A. 10757/2023

1. The present application under Order VII Rule 11 of the Code of Civil Procedure, 1908 [“CPC”], has been filed on behalf of the Defendants No.1 & 2 for rejection of the Plaint on the ground that the Suit is not maintainable as it is barred by law and also does not show any cause of action.

2. The present Suit has been filed by the Plaintiff seeking partition, mandatory and permanent injunctions, rendition of accounts and mesne profits in respect of several immovable properties situated in Village Kapashera, Delhi. The parties to the Suit belong to the same family and are the legal heirs of Late Sh. Chandan Singh Yadav.

3. To adjudicate the present Application it is necessary to bring out the Plaint averments to see as to whether the Plaint is liable to be rejected under Order VII Rule 11 of the CPC or not. The averments in the Plaint are as under:

a. Late Sh. Chandan Singh Yadav was the son of Late Sh. Shri Ram, who was the common ancestor of the parties and owner of various ancestral properties situated in the revenue estate of Village Kapashera, Delhi. It is stated that during the lifetime of Late Sh. Shri Ram, the ancestral properties were amicably partitioned among his legal heirs pursuant to a family settlement deed dated 18.01.2000, whereby Late Sh. Chandan Singh Yadav came into possession of certain immovable properties forming part of the ancestral estate.

b. Late Sh. Chandan Singh Yadav died intestate in December

2000, leaving behind four legal heirs, namely the Plaintiff (his daughter), Defendant No.1 Swapnil Yadav @ Sonu (his son), Defendant No.2 Meenakshi Yadav (his wife), and Defendant No.3 Jayotsana Yadav (his daughter). Upon the death of Sh. Chandan Singh Yadav, the properties which had come to his share pursuant to the family settlement devolved upon these four legal heirs by way of intestate succession, each becoming entitled to an undivided 1/4^th share in the estate of Late Sh.

Chandan Singh Yadav.

c. The properties inherited by the legal heirs of Late Sh. Chandan Singh Yadav include several immovable properties situated in Village Kapashera, Delhi. One of the principal properties comprises land measuring 1210 sq. yards forming part of Khasra Nos. 1291, 1293 and 1294 situated in the extended Lal Dora Abadi of Village Kapashera, containing approximately 9 shops in the front portion on the ground floor and 4 shops in the rear portion, while the remaining portion and the first floor consist of nearly 100 rooms with common washrooms and toilets, which have been rented out by Defendants No.1 and 2, who are receiving rental income from the said property. This property is referred to in the plaint as Suit Property No.1.

d. Another property forming part of the estate is land measuring

720 sq. yards out of the same Khasra numbers, also located in the extended Lal Dora Abadi of Village Kapashera, which contains eight shops on the ground floor, out of which six shops are rented out while two shops are being used by Defendant No.1 for conducting a pharmacy business under the name M/s Tondak Consumer Goods Pvt. Ltd.. There is also an office on the first floor which has been let out to M/s Kranti Travels. This property is described as Suit Property No.2 in the plaint.

e. The estate also includes another property measuring 2000 sq.

yards forming part of Khasra Nos. 26/6, 15, 17 and 16, situated on the phirni of the extended Lal Dora Abadi of Village Kapashera. The property is surrounded by high boundary walls and is presently being used by a tenant who runs a scrap or kabadi business therefrom. This property has also been rented out by