* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 10^th February, 2026 Pronounced on: 16^th April, 2026 + RFA 302/2025, CM APPL. 18795/2025, 18797/2025 & 18798/2025 JAGDISH (Deceased)

Through his LRs: (i) Arun (Son) (ii) Ajay (Son)

Both R/o:

B-152/15-16, First Floor, Amrit Puri, Garhi, New Delhi-110065.

(iii) Ranu Kumari (Daughter)

W/o Sh. Kamal Kumar R/o House No. 13, Street No. 9A, Anand Nagar-B, Patiala, Punjab- 147001.

(iv) Shalu Kohli (Daughter)

W/o Kapil Kohli R/o B-74, DDA Flats, Double Storey, East of Kailash Garhi, Sriniwas Puri, New Delhi-110065 (v) Madhu Dhiman (Daughter)

W/o Sh. Rupendra Kumar Dhiman R/o F-142, 13^th Floor, Gulshan Belina, Greater Noida, West Greater Noida, Distt. Gautam Budh Nagar, U.P.- 201308 .....Appellant Through: Mr. Asit Kumar Roy, Advocate Ms.

Rani Bhardwaj Advocate for Appellant No. 3, 4 And 5.

Versus Smt. KAMLA (Deceased)

Through her LRs:

(i) Sh. Dev Anand (Husband)

(ii) Amit Kumar (Son) (iii) Sumit Kumar (Son)

(iv) Vishali (Daughter)

All R/o B-152/15-16, Ground Floor, Amrit Puri, Garhi, New Delhi-110065. .....Respondent Through: Nirvikar verma advocate CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

C.M. Appl. 18795/2025: Application for condonation of delay:

1. The Appellant has moved an Application under Section 5 of the Limitation Act seeking condonation of this delay of 72 days in filing the present Appeal

2. For the reasons stated in the Application, the delay is condoned and the Application for condonation of delay, is hereby allowed.

RFA 302/2025:

3. Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) has been filed against the Judgment and Preliminary Decree dated 27.05.2024 whereby the Plaintiff filed a Suit for Partition, Mesne Profits, Permanent and Mandatory Injunction.

4. The brief facts as per Plaint are that the Defendant is the real brother of the Plaintiff, and he has been residing in the property bearing No. B-152/ 15-16. Amrit Puri, Garhi, East of Kailash, New Delhi, ad measuring 100 sq. yds. (hereinafter referred to as ‘Suit Property’), since 1980. The father of the Plaintiff and Defendant, i.e. Late Sh. Digambar, during his lifetime, had bought the Suit Property by way of a Sale Deed dated 20.03.1961. The Plaintiff out of her own funds, along with her parents, had jointly constructed the Suit Property consisting of ground floor, first floor, second floor and third floor along with terrace.

5. The father of the Plaintiff had expired on 17.06.2005, leaving behind the Plaintiff (daughter), Defendant (son) and his wife Late Smt. Sukh Devi only as his Class I legal heirs under Hindu succession Act, with 1/3^rd share each. After the death of the Late Sh. Digambar, all the legal heirs continued to live in the Suit Property, the Plaintiff and her mother on the ground floor and the Defendant at the first floor, the remainder of the Suit property was let out on rent by Smt. Sukh Devi and the rent was collected by the Smt. Sukh Devi herself. Thereafter, on 07.02.2018, Smt. Sukh Devi expired intestate, thus, her 1/3^rd share was divided amongst the Plaintiff and the Defendant, as being the only legal heirs of the deceased, as 1/6^th of the share each, which calculates as 1/2^nd share each of the entire Suit Property.

6. However, after the death of Smt. Sukh Devi, the Defendant along with his sons tried to oust the Plaintiff out of the Suit Property, and one such attempt was made by the Defendant when he forcibly took possession of one of the rooms at ground floor from the Plaintiff along with her belongings like almirah with valuable articles, a study table, bed, refrigerator, side tables, books etc., to which effect, written complaint to this effect was made to police vide Written Complaints dated 29.05.2018 and 24.07.2018.

7. Further, the Defendant along with his sons Ajay and Arun, has occupied two rooms along with kitchen at first floor and two rooms along with kitchen at third floor of the suit property, the remaining rooms on f