Delhi District Court
Balwinder Singh vs Narinder Kaur on 23 November, 2022
IN THE COURT OF DR. HARDEEP KAUR, ADJ-04,
SOUTH DISTRICT, SAKET COURTS, NEW DELHI.
Civil Suit No.449/2021
CNR No.DLST01-007638-2021
Balwinder Singh
S/o Sarwan Singh
R/o. H.No.07, Bihari Park,
Devli Road, Khanpur,
New Delhi-110080
....Plaintiff
Versus
1. Narinder Kaur
W/o. Late Sh. Randhir Singh
R/o. H. No.07, Bihari Park,
Devli Road, Khanpur,
New Delhi-110080
2. Vikramjeet Singh
W/o. Late Sh. Randhir Singh
R/o. H. No.07, Bihari Park,
Devli Road, Khanpur,
New Delhi-110080
3. Sonia
W/o. Pradeep Singh
R/o. H. No.07, Bihari Park,
Devli Road, Khanpur,
New Delhi-110080
4. Sarabjit Kaur
W/o. Surender Singh
R/o. Flat No.1, Donnigton Court,
Bow Arrow Lane Dartford,
Kent DA2 6SJ,
United Kingdom
5. Paramjit Singh
CS DJ 449/21 Balwinder Singh Vs. Smt. Narinder Kaur Page no. 1 of 4
S/o. Sarwan Singh
R/o. H. No.07, Bihari Park,
Devli Road, Khanpur,
New Delhi-110080
6. Kamaljeet Kaur
W/o. Devender Singh
R/o. B-39, Rajan Babu Road,
Adarsh Nagar,
North West Delhi-110033
7. Balveer Kaur
W/o. Manjeet Singh
R/o. K-101, Krishna Park,
Nr. Outer Ring Road,
Tilak Nagar,
New Delhi-110018.
..Defendants
Date of institution of the suit : 01.10.2021
Date of pronouncement of judgment : 23.11.2022
SUIT FOR PARTITION AND PERMANENT
INJUNCTION
JUDGMENT
1. Brief facts of the present case are that the plaintiff and defendants are co-owner and in occupation & possession of the H. No.07-C, Bihari Park, Devli Road, Khanpur, New Delhi measuring 111 sq. yards falls in Khasra No.545 in revenue estate of Mehrauli, New Delhi (hereinafter referred as Suit Property). Plaintiff and defendant no.5 to 7 are real brothers and sistes while the defendant no.1 is the widow of the plaintiff's elder deceased brother namely Randhir Singh who left for heavenly adobe in the year 2000 and the defendant no.2 & 3 are the son and daughter of the defendant no.1. The defendant no.4 is the wife of plaintiff's elder brother namely Surender Singh who left for heavenly adobe CS DJ 449/21 Balwinder Singh Vs. Smt. Narinder Kaur Page no. 2 of 4 in year 2012. Plaintiff's another brother namely Jagdesh Singh also left heavenly adobe in year 2009. Defendant no.6 and defendant no.7 are the real sister of the plaintiff but they are not seeking any share in the suit property and they are ready to relinquish their share in favour of their brother and legal heirs of deceased brothers. Therefore, plaintiff, defendant no.1, defendant no.4 and defendant no.5 has 1/4th equal share in the suit property. Affidavit of defendant no.6 and defendant no.7 regarding relinquishment of their share in favour of plaintiff, defendant no.1, defendant no.4 and defendant no.5 are filed on record. Plaintiff, defendant no.1, 2 & 5 are jointly enjoying suit property as per their needs and requirement by making interim arrangements. Therefore, present suit has been filed by the plaintiff.
2. No written statement has been filed on behalf of the defendants.
3. Submissions heard. Record perused.
4. Vide order dated 29.08.2022, separate statements of defendant no.6 & 7 were recorded whereby they stated that they have no objection if the suit property is partitioned between the plaintiff, defendant no.1, defendant no.2, defendant no.3, defendant no.4 & defendant no.5 (defendant no.1, defendant no.2 & 3 are LRs of Late Sh. Randhir Singh, they jointly having ¼ th share in the suit property). They have relinquished their all rights in suit property in favour of plaintiff and defendant no.1, defendant no.4 & defendant no.5.
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5. Parties have settled the present suit and vide order dated 29.08.2022, separate statements of plaintiff, defendant no.1, 2, 3 & 5 are recorded, whereby they stated that they have no objection if the suit property is partitioned between plaintiff, defendant no.1, defendant no.2, defendant no.3, defendant no.4 & defendant no.5 (defendant no.1, defendant no.2 & 3 are LRs of Late Sh. Randhir Singh, they jointly having ¼th share in the suit property). Vide order dated 23.11.2022, separate statement of defendant no.4 is recorded whereby she stated the same as above.
6. In view of the settlement between the parties, the plaintiff is entitled to the relief prayed for by him. A preliminary decree of partition is passed declaring that plaintiff, defendant no.1 to 3 (jointly having ¼th share in the suit property), defendant no.4 & defendant no.5 are having 1/4th share each in the suit property i.e. H. No.07-C, Bihari Park, Devli Road, Khanpur, New Delhi measuring 111 sq. yards falls in Khasra No.545 in revenue estate of Mehrauli, New Delhi.
7. Decree sheet be prepared accordingly. List on 20.12.2022 for directions with regard to mode of partition and appointment of Local Commissioner in respect thereof.
Typed to the dictation directly, Digitally signed
corrected and pronounced in the DR by DR HARDEEP
open Court on 23.11.2022. HARDEEP KAUR
Date: 2022.11.23
KAUR 16:49:00 +0530
(Dr. Hardeep Kaur)
Additional District Judge-04
South District, Saket Courts, New Delhi.
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