Delhi High Court - Orders
Puneet Kaur vs Harvinder Kaur & Anr on 27 February, 2026
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 431/2025 & I.A. 15924/2025, I.A. 29645/2025
PUNEET KAUR .....Plaintiff
Through: Mr. Ravinder Singh, Ms. Raveesha
Gupta, Mr. Ritvik Bhardwaj and Ms.
Nishita Kushwaha, Advs.
M: 9811614545
versus
HARVINDER KAUR & ANR. .....Defendants
Through: Mr. Rajesh Ranjan Singh, Adv.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 27.02.2026 I.A. 29645/2025
1. The present application has been filed on behalf of the plaintiff under Order XII Rule 6, read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), praying for grant of preliminary decree in favour of the plaintiff, qua her 33% share in the freehold property, bearing No. E-300, East of Kailash, New Delhi-110065, built on the land admeasuring 200 sq. yds.
2. Learned counsel appearing for the plaintiff relies upon the judgment dated 22nd September, 2025, passed by the Division Bench of this Court in MAT.APP.(F.C.) 217/2017, titled as "Sangeeta Gera Versus Sanjeev Gera"
Page 1 of 8This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38 and in particular, relies upon the following paragraphs:
"xxx xxx xxx Page 2 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38 xxx xxx xxx"
3. Learned counsel appearing for the plaintiff further submits that the defendants cannot lead any evidence against a registered document in which the plaintiff and the defendants are shown as co-owners. For this purpose, he Page 3 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38 relies upon the judgment dated 23rd February, 2026 of this Court passed in CS(OS) 685/2022, titled as " Gopal Krishan Srivastava Versus M/s Lakras Infracon Pvt. Ltd. & Ors.", and in particular, relies upon paragraphs 12, 13, 14 and 19 of the said judgment, which are reproduced as under:
"xxx xxx xxx Page 4 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38 Page 5 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38 Page 6 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38 xxx xxx xxx xxx xxx xxx"
4. Per contra, learned counsel appearing for the defendants submits that the judgment passed in the case of Sangeeta Gera (Supra), as relied upon by the plaintiff is the subject matter of Special Leave to Appeal ("SLP") (C) 36801/2025 before the Supreme Court. He, thus, submits that the judgment of the Supreme Court in that regard, be awaited.
Page 7 of 8This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38
5. However, learned counsel appearing for the plaintiff submits that the issue before the Supreme Court is only with regard to dissolution of the marriage and not with regard to the issue of wife having equal share in the property when the property has been purchased during the subsistence of the marriage.
6. Learned counsel appearing for the defendants submits that he shall check the said position.
7. At this stage, learned counsel appearing for the plaintiff submits that payments were made by the plaintiff from her accounts as well, which is disputed by learned counsel appearing for the defendants.
8. Accordingly, at request, re-notify on 29th April, 2026.
MINI PUSHKARNA, J FEBRUARY 27, 2026/KR Page 8 of 8 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2026 at 20:45:38