Delhi High Court - Orders
Sunita Verma vs Mukesh Verma & Ors on 14 May, 2025
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~O-59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 303/2025
SUNITA VERMA .....Plaintiff
Through: Mr. Karan S. Thukral, Ms. Vaishnavi
Arora, Ms. Kritika Kapoor and Mr.
Sachin Arora, Advs.
versus
MUKESH VERMA & ORS. .....Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 14.05.2025 I.A. 12166/2025 (BY PLAINTIFF U/O 39 R 1 & 2), I.A. 12167/2025 (BY PLAINTIFF FOR EXEMP. FROM SITE PLAN OF THE SUIT PROPERTY AND APPOINTMENT OF LOCAL COMMISSIONER), I.A. 12168/2025 (BY PLAINTIFF FOR EXEMP. FROM SERVING ADVANCE COPY), I.A. 12169/2025 (BY PLAINTIFF FOR DIR. TO PAY THE PLAINTIFF'S SHARE OF RENT OR DEPOSIT THE SAME IN COURT DURING THE PENDENCY OF THE SUIT), I.A. 12170/2025 (BY PLAINTIFF FOR EXEMP. FROM FILING APOSTILLED AFFIDAVITS, ETC)
1. Heard.
2. On plaintiffs' taking steps, let notice be issued to the defendants through all permissible modes. In addition, service through dasti is also permitted. Let the requisites be filed during the course of the day. Let 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 30/06/2025 at 02:22:17 notice be handed over to the plaintiff within two working days thereafter.
3. List these applications before Court for consideration on 22.05.2025. CS(OS) 303/2025 and I.A. 12166/2025, I.A. 12167/2025, I.A. 12168/2025, I.A. 12169/2025, I.A. 12170/2025
4. Heard.
5. The instant civil suit is for the following reliefs:
"I. Pass a PRELIMINARY DECREE OF PARTITION in favour of the Plaintiff and against the Defendant(s) thereby declaring the Plaintiff to be the co-owner to the extent of his ½ share in the suit property bearing No. 12/14 West Patel Nagar, New Delhi-110008.
II. Pass a FINAL DECREE OF PARTITION and separate possession in favour of the Plaintiff and against the Defendants thereby partitioning the suit property bearing No. 12/14 West Patel Nagar, New Delhi-110008 by metes and bounds and further put the parties in possession of their respective portions in the light of facts and circumstances explained herein above. III. Pass a DECREE OF PERPETUAL INJUNCTION restraining the Defendant(s), their legal heirs, agents, servants, attorneys, assignes, authorized representatives or anybody acting on their behalf; from selling, transferring, alienating, entering, creating any third-party interest or encumbering the suit property bearing No. 12/14 West Patel Nagar, New Delhi- 110008.
IV. To award damages and mesne profits in favour of the Plaintiff and against the Defendant(s), especially Defendant No. 1 for using the portion of the suit property in her possession, belonging to the share of all the Plaintiff and Defendants. V. To award the cost of the suit throughout in favour of the Plaintiff and against the Defendant No.1."
6. The plaint be registered as a suit. Summons be issued to the defendants by all permissible modes on filing of process fee. Affidavit of service be filed within two weeks.
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 30/06/2025 at 02:22:17
7. The summons shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.
8. The plaintiff is at liberty to file replications thereto within thirty days after filing of the written statements. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.
9. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
10. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
11. List before the concerned Joint Registrar for marking of exhibits on 13.08.2025.
12. Thereafter, list before the Court on the date to be assigned by the Joint Registrar.
PURUSHAINDRA KUMAR KAURAV, J MAY 14, 2025 aks/sph Click here to check corrigendum, if any 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 30/06/2025 at 02:22:17