Delhi High Court - Orders
Anil Kumar Sood & Anr vs Deepak Sood & Ors on 28 January, 2026
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 80/2024
ANIL KUMAR SOOD & ANR. .....Plaintiffs
Through: Mr. Ashish Aggarwal and Mr.
Himanshu Singh, Advs. for P-1.
Mr. Rohit Dutta, Adv. for P-2.
versus
DEEPAK SOOD & ORS. .....Defendants
Through: Mr. Avneesh Garg, Mr. Kartik, Ms.
Saloni and Ms. Palak Bhagat, Advs.
for D-1 & 2.
Mr. Shashi Pratap Singh, Ms.
Lagshyaa Saluja and Ms. Anamika
Tyagi, Advs. for D-5.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 28.01.2026 I.A. 46297/2024 (by plaintiffs under Order VI Rule 17 read with Section 151 CPC seeking amendment of plaint)
1. The present application has been filed by the plaintiffs seeking amendment of plaint.
2. Mr. Ashish Aggarwal, learned counsel appearing on behalf of the plaintiffs submits that the present suit has been filed seeking partition, cancellation of gift deed as well as conveyance deed.
3. He submits that in the written statement filed by defendant nos.1 and 2, certain Wills have also been propounded, which has necessitated filing of the present application seeking amendment of plaint.
This is a digitally signed order.
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4. He submits that by way of the present application, the plaintiffs seek to challenge five Wills, which have been propounded by the defendants, besides seeking other incidental amendments in the plaint.
5. Mr. Avneesh Garg, learned counsel appearing on behalf of defendant nos.1 and 2 submits that he has no objection to the present application being allowed, without prejudice to the rights and contentions of defendant nos.1 and 2.
6. In view of the above, the present application is allowed.
7. The amended plaint filed along with the application is taken on record.
8. The application is disposed of.
CS(OS) 80/2024, I.A. 2498/2024, I.A. 2499/2024, I.A. 40952/2024, I.A. 40953/2024
9. The written statement(s) be filed by the defendants to the amended plaint in accordance with law.
10. Replication thereto, if any, be filed by the plaintiffs within the prescribed period of limitation.
11. List before the learned Joint Registrar for completion of pleadings, admission/denial of documents and marking of exhibits on 07.04.2026.
12. List before Court for framing of issues on the date to be assigned by the learned Joint Registrar.
I.A. 2497/2024 (by plaintiffs under Order XXXIX Rules 1 & 2 read with Section 151 CPC)
13. The present application has been filed by the plaintiffs seeking following relief:
"(a) by way of exparte ad interim injunction restrain the 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 02/02/2026 at 20:34:39 defendants Nos.3 and 4, their respective agents, assigns, administrators, servants and/ or any other person acting or purporting to act for and on behalf of defendants from selling dispossing off, alienating and/ or creating third party interest in property No.5, B-2 Extension, Safdarjung Enclave, New Delhi 110029 and delivering the possession of the said share to the Plaintiff."
14. Issue notice to the non-applicants/defendants.
15. Mr. Avneesh Garg, learned counsel appearing on behalf of defendant nos.1 and 2, as well as, Mr. Shashi Pratap Singh, learned counsel appearing on behalf of defendant no.5 accept notice.
16. Mr. Garg submits that third party rights have already been created by defendant nos.1 and 2.
17. Let reply(ies) be filed within a period of four weeks from today.
18. Rejoinder thereto, if any, be filed before the next date.
19. The prayer for interim relief will be considered after completion of pleadings.
20. List before Court on 07.05.2026.
VIKAS MAHAJAN, J JANUARY 28, 2026 aj 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 02/02/2026 at 20:34:39