O R D E R

1. The present suit has been filed for partition, possession, rendition of accounts and permanent injunction with regard to the property bearing no. 1148/11, Govindpuri, Kalkaji, New Delhi -110019 admeasuring 272 sq. yds (hereinafter referred to as ‘suit property’).

2. The case set out by the plaintiff is that the father of the plaintiff namely, Late Gurcharan Singh was the owner of the suit property having purchased the same vide sale deed dated 18.09.1968.

3. Late Gurcharan Singh was residing in the suit property and died intestate leaving behind the parties to the suit as his legal heirs, the names of which are as follows:

1. Manjeet Singh (Defendant no. 1), (Son)

2. Maninder Kaur@ Baby Rani (Plaintiff), (Daughter)

3. Davinder Kaur (Defendant no.5), (Daughter)

4. Inderjeet Singh (Defendant no. 2), (Son)

5. Kulwant Singh (Defendant no. 4), (Son)

6. Rajwant Singh (Defendant no. 3), (Son)

4. It is stated that after the death of their father, the plaintiff, as well as, the defendants are entitled to 1/6th share each in the suit property. The prayer in the suit has, accordingly, been made to declare the plaintiff and defendant nos. 1 to 5 as owner in the suit property to the extent of 1/6th share.

5. Mr. Ajay Satija, learned counsel for the plaintiff submits that summons in the present suit were issued to defendants. In so far as, defendant nos. 1 to 3 and 5 are concerned, the written statement was filed by them, but the same was filed beyond the statutory period. Accordingly, the right of the said defendants to file the written statement was closed by this Court vide order dated 25.04.2025.

6. Mr. Narender Bhandari, learned counsel for defendant no.4 submits that he is supporting the case of the plaintiff.

7. Mr. Satija submits that as the written statement of defendant nos. 1 to 3 and 5 has not come on record, therefore, the averments made in the plaint, insofar as the said defendants are concerned, have gone unrebutted.

8. Mr. Mukesh Birla, learned counsel for the said defendant nos.1 to 3 and 5, on instructions state that he has no objection in case a preliminary decree is passed as prayed.

9. In view of the above admitted position, no useful purpose will be served in putting the case to trial and recording evidence. Accordingly, a preliminary decree is passed declaring that all the six parties (one plaintiff and five defendants) to the suit have 1/6th share each in the suit property. Let a preliminary decree be drawn accordingly.

10. At this stage, learned counsel for the parties are ad idem that they will explore the possibility of partitioning the property either by metes and bounds or by selling the same, in case the matter is referred to mediation.

11. In view of the above, parties are referred to mediation under the aegis of Delhi High Court Mediation & Conciliation Centre (Samadhan). The parties are directed to appear before the Centre (Samadhan) on 29.04.2026 at 03:00 p.m.

12. List before Court for reporting of settlement, if any, on 22.09.2026.