Delhi District Court
Mst. Zahira Sultan (Deceased) vs Sh. Zahir Ul Islam on 4 September, 2024
IN THE COURT OF SH. PARVEEN SINGH,
DISTRICT JUDGE-11, CENTRAL DISTRICT,
TIS HAZARI COURT, DELHI.
CS DJ No. 610867/2016
CNR No. DLCT010000211996
1. Zahira Sultan (since deceased)
Through her legal heirs
(i) Mohd. Zakir, son of late Mohd. Sami.
(ii) Mohd. Amin Salem
(iii) Mohd. Azim Qader
(iv) Mohd. Azhar Kaleem
(v) Mohd. Inam Ur Rehman
(vi) Mohd. Anis Ur Rehman
(vii) Mohd. Tanzim Ur Rehman
All R/o 496, Churiwalan,
Jama Masjid, Delhi-110006
(viii) Mst. Rasheda Sultana
w/o Aftabul Afrin
r/o 540, Churiwalan,
Jama Masjid, Delhi-110006
(ix) Mohd. Arshad Naeem
r/o 2738, Gali Chandi Wali,
Sita Ram Bazar, Delhi-110006. ...Plaintiff.
Versus
1. Zahir Ul Islam (since deceased)
through his legal heirs
(a) Mohd. Majid Samim
(b) Mst. Farzana Begum
(c) Mst. Rukhsana Begum
(d) Mst. Salma Begum
All r/o 1181, Churiwalan,
CS DJ No. 610867/2016 Digitally
signed by
No. 1 of 24 PARVEEN
PARVEEN
SINGH
SINGH Date:
2024.09.04
17:15:28
+0530
Jama Masjid, Delhi-110006.
2. Tahir Ul Islam (since deceased)
through his legal heirs
(a) Mohd. Khalid
(b) Obaid Ur Rehman
(c) Habib Ur Rehman
(d) Shafiq Ur Rehman
All r/o F-37, Block F,
North Nazimabad, Karachi, Pakistan
Also at: S-73B Mari Pur Road,
Gul Bai, Karachi Pakistan.
(e) Mst. Tahira Khatoon
w/o Karam Ilahi
r/o F-8, Block F, North Nazimabad,
Karachi Pakistan.
(f) Mst. Hameeda Khatoon
w/o Ahmed Tariq
r/o G-28, Block B, North Nazimabad,
Karachi, Pakistan
(g) Mst. Husan Ara
w/o Mansoor Ahmed,
r/o Chishtiya Manzil, 440,
Garden East Lasbella,
Karachi, Pakistan.
3. Shahid Ul Islam (since deceased)
through his legal heirs
(a) Parvez Shamsul Islam
(b) Mst. Parveen Sultan
(c) Mst. Zareena Sultan
All r/o Flat No. D-201, 2nd Floor,
Marhaba Height, Block 'L' SC
CS DJ No. 610867/2016
No. 2 of 24 Digitally
signed by
PARVEEN
PARVEEN SINGH
SINGH Date:
2024.09.04
17:15:35
+0530
20 North Nazimabad, Karachi, Pakistan.
4. Mst. Hamida Sultan (since deceased)
through her legal heirs i.e. defendants no. 5 to 12.
(a) Nazir ul Islam
(b) Abdul Muttalib
(c) Abdul Khaliq
(d) Mohd. Tayyab
(e) Mohd. Najam Akhtar
(f) Mohd. Rizwan
(g) Mst. Fauzia w/o Javed Kamal
(h) Mst. Kehkashan w/o Mohd. Azhar Kameem.
5. Nazir Ul Islam
s/o late Noor Ul Islam
r/o 1181, Gali Mirza Surayya Jah,
Churiwalan, Delhi-110006.
6. Abdul Muttalib
s/o late Noor Ul Islam
r/o 1181, Gali Mirza Surayya Jah,
Churiwalan, Delhi-110006.
7. Abdul Khaliq
s/o late Noor Ul Islam
r/o 1181, Gali Mirza Surayya Jah,
Churiwalan, Delhi-110006.
8. Mohd. Tayyab,
s/o late Noor Ul Islam
r/o 1181, Gali Mirza Surayya Jah,
Churiwalan, Delhi-110006.
9. Mohd. Najam Akhtar,
s/o late Noor Ul Islam
r/o 1181, Gali Mirza Surayya Jah,
Churiwalan, Delhi-110006.
CS DJ No. 610867/2016
No. 3 of 24 Digitally
signed by
PARVEEN
PARVEEN SINGH
SINGH Date:
2024.09.04
17:15:42
+0530
10. Mohd. Rizwan Noor,
s/o late Noor Ul Islam
r/o 1181, Gali Mirza Surayya Jah,
Churiwalan, Delhi-110006.
11. Mst. Fauzia
w/o Javed Kamal
r/o 2595, Gali Takhat Wali,
Churiwalan, Jama Masjid,
Delhi-110006.
12. Mst. Kehkashan,
w/o Mohd. Azhar Kaleem
r/o 496, Churiwalan, Jama Masjid
Delhi-110006.
13. Mst. Musarrat Jahan (since deceased)
through her legal heirs i.e. defendants no. 14 to 16
(a) Mst. Amna Khatoon @ Yasmeen Khatoon
(b) Mst. Badar Jahan
(c) Mst. Khursheed Jahan
14. Mst. Amna Khatoon @ Yasmeen Khatoon
w/o Nazir ul Islam
r/o Gali Mirza Surayya Jah,
Churiwalan, Delhi-110006.
15. Mst. Badar Jahan,
w/o Hafiz Mushtaq ul Arfin,
r/o 542, Gali Hakimji Wali,
Churiwalan, Jama Masjid,
Delhi-110006.
16. Khursheed Jahan,
w/o Nadeem Ahmed,
r/o G-68, Hazrat Nizamuddin,
New Delhi-110013.
CS DJ No. 610867/2016
No. 4 of 24 Digitally
signed by
PARVEEN
PARVEEN SINGH
SINGH Date:
2024.09.04
17:15:50
+0530
17. Mst. Farzana Kausar (since deceased)
through her legal heirs i.e. defendant no. 18 to 19
(a) Abid ul Islam
(b) Mst. Gul-e-Shadab
18. Abid Ul Islam
s/o late Sajid ul Islam
r/o 1174, Churiwalan,
Jama Masjid, Delhi-110006.
19. Mst. Gul-E-Shadab
w/o Imran Ahmed
r/o 1174, Churiwalan,
Jama Masjid, Delhi-110006
20. Mst. Shabana (since deceased 19.04.2009) through her legal heirs
namely:
(a) Jamal Akhtar
(b) Talha Jamal
(c) Amir Jamal
(d) Mst. Anusha Jamal
Correspondence address:1174, Churiwalan, Jama Masjid,
Delhi
21. Umar Daraz
s/o late Mohd. Yunus
r/o 1500/D3, Gali Kutana, Sui Walan,
Jama Masjid, Delhi-110006
22. Mohd. Irfan
s/o late Mohd. Yunus
r/o 539, Gali Hakimji Wali Churiwalan,
Jama Masjid, Delhi-110006
23. Mohd. Mustafa
s/o late Mohd. Yunus
CS DJ No. 610867/2016
No. 5 of 24 Digitally
signed by
PARVEEN
PARVEEN SINGH
SINGH Date:
2024.09.04
17:15:57
+0530
r/o 539, Gali Hakimji Walim Churiwalan,
Jama Masjid, Delhi-110006
24. Mst. Mehmoda
w/o late Anis ur Rehman
r/o 5314, Kucha Rehman, Ballimaran, Delhi-110006
25. Mst. Fehmida
w/o late Qudratullah
r/o 1802, Gali Takhat Wali, Sui Walan,
Jama Masjid, Delhi-110006
26. Mst. Nazma (since deceased)
through her legal heirs namely:
(a) Mohd. Rizwan
(b) Mohd. Naghman
(c) Mohd. Tabrez
(d) Mohd. Shah Faisal
(e) Mst. Rukhsana Qaiser
(f) Mst. Rehana Rais
(g) Mst. Naghmana Miraj
(h) Mst. Farhana Kausar
(i) Mst. Durdana Naseem
All r/o 589, Gali Jute Wali,
Churiwalan, Jama Masjid, Delhi
27. Mst. Shahida
d/o late Mohd. Yunus
r/o 539, Gali Hakimji Wali Churiwalan,
Jama Masjid, Delhi-110006
28. Mst. Majida
w/o late Mohd. Ajmal
r/o 589, Gali Jute Wali, Churiwalan,
Jama Masjid, Delhi-110006
29. Mohd Yusuf
CS DJ No. 610867/2016
No. 6 of 24
Digitally signed
by PARVEEN
PARVEEN SINGH
Date:
SINGH 2024.09.04
17:16:03
+0530
s/o late Nabiuddin
M. N. Deen Building, Thatai Compound,
N. A. Jinnah Road, Karachi, Pakistan.
30. Abdur Rehim
s/o late Nabiuddin
M. N. Deen Building, Thatai Compound,
N. A. Jinnah Road, Karachi, Pakistan.
31. Mohd. Nasir
s/o late Nabiuddin
M. N. Deen Building, Thatai Compound,
N. A. Jinnah Road, Karachi, Pakistan.
32. Mohd. Shafi
s/o late Nabiuddin
M. N. Deen Building, Thatai Compound,
N. A. Jinnah Road, Karachi, Pakistan.
33. Mst. Jamal Ara
w/o Mohd. Jamal d/o late Nabiuddin
r/o Aziz Centre, 1" Floor, Lasbelia Chowk,
West Karachi, Pakistan
34. Mst. Jahan Ara
w/o Shafiq ur Rehman, d/o late Nabiuddin
r/o F-32, Block-F, North Nazimabad,
Karachi, Pakistan
35. Ghayas Ul Arfin
s/o late Hafiz Zia ul Arfin
540, Gali Hakimji Wali, Churiwalan,
Jama Masjid, Delhi-110006
36. Mushtaqul Arfin
s/o late Hafiz Zia ul Arfin
540, Gali Hakimji Wali, Churiwalan,
Jama Masjid, Delhi-110006
CS DJ No. 610867/2016
No. 7 of 24 Digitally
signed by
PARVEEN
PARVEEN SINGH
SINGH Date:
2024.09.04
17:16:10
+0530
37. Aftabul Arfin
s/o late Hafiz Zia ul Arfin 540,
Gali Hakimji Wali, Churiwalan,
Jama Masjid, Delhi-110006
38. Naseem Ul Arfin
s/o late Hafiz Zia ul Arfin
540, Gali Hakimji Wali, Churiwalan,
Jama Masjid, Delhi-110006
39. Mst. Tasnim Zia / Tasneem Irfan (since deceased)
through her legal heirs namely:
(a) Mst. Farzana alias Iram
w/o r/o 540, Gali Hakimji Wali,
Fhuriwala, Jama Masjid, Delhi
(b) Mst. Sofia Jabeen
w/o Faisal Habib
r/o 561, Gali Hakimji Wali, Churiwala,
Jama Masjid, Delhi
40. Mst. Nasreen Zia
w/o Sheikh Mohd. Zahir
r/o 2599, Gali Takhat Wali, Churiwalan,
Jama Masjid, Delhi-110006
41. Mst. Razia Sultan
w/o late Sirajuddin
r/o 2626, Phataq Shamshuddin, Churiwalan,
Jama Masjid, Delhi
42. Mst. Sahiba Sultan,
d/o late Haji Badrul Islam
r/o 1174, Churiwalan,
Jama Masjid, Delhi-110006. ......Defendants
CS DJ No. 610867/2016
No. 8 of 24 Digitally
signed by
PARVEEN
PARVEEN SINGH
SINGH Date:
2024.09.04
17:16:17
+0530
Date of Filing : 24.05.1996.
Date of Arguments : 04.09.2024.
Date of Judgment : 04.09.2024.
SUIT FOR PARTITION.
JUDGMENT
1. The present suit for partition had been filed by the plaintiff against the defendants for partition of estate of late Haji Badrul Islam and late Khatoon-E-Mehshar, wife of Haji Badrul Islam.
2. Vide judgment dated 05.08.2024, a preliminary decree was passed and the parties were found entitled to following shares:
S.No. Property Description Beneficiary / LRs of beneficiary, Share if beneficiary is not alive 1 Shops and flats no. 5409, shops (a) Mohd. Zakir 1/8th
(b) Mohd. Amin Salem no.5409-A, Shops and flats
(c) Mohd. Azim Qadir no.2878-2879, property no.5401 (d) Mohd. Azhar Kaleem (part) received under award, (e) Mohd. Inam ur Rehman
(f) Mohd. Anis Ur Rehman property no.5404-5405(part), (g) Mohd. Tanzim Ur Rehman Shops no.5204, 5204A, 5208, (h) Mohd. Arshad Naeem
(i) Mst. Rasheda Sultan Sadar Bazar, Delhi, ½ half share of H. No.1818 to 1825, Suiwala (a) Mst. Amna Khatoon @ 1/8th Delhi, ½ share in H. No.1174, Yasmeen Khatoon
(b)Mst. Badar Jahan Chudiwalan, Delhi, shops and (c) Mst. Khursheed Jahan flats no.5402, plot no.5404, 5405, shops and flats no.5404-A, shops (a) Abid Ul Islam 1/8th
(b) Gule Shadab and flats no.5207, 5207-A, Sarai (c) Mst. Shabana (deceased), Hafis Banna Bazar, Sadar Bazar her LRs
1. Akhtar Jamal/ Jamal Akhtar CS DJ No. 610867/2016 No. 9 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:16:23 +0530 S.No. Property Description Beneficiary / LRs of beneficiary, Share if beneficiary is not alive which were allotted to her in 2. Talha Jamal
3 Amir Jamal award dated 11.03.1980 including 4 Mst. Anusha Jamal sub-parts.
(a) Mohd. Majid Samim 1/8th
2. Properties no.5303 to 5305B, (b) Mst.Farzana Begum
(c) Mst. Rukhsana Begum 5315, 5315A to 5317, 2/3 of (d) Mst. Salma Khatoon 5318, part of 5334, part of 5335,
(a) Nazirul Islam 1/8th part of 5330, property no.5183,
(b) Abdul Muttalib Sarai Hafiz Banna, Sadar Bazar, Delhi which were inherited by her (c) Mohd. Abdullah @ Abdul Khaliq from her father Shaikh Rahim (d) Mohd. Tayyab Baksh @ Abdul Wahab including (e) Mohd. Najam Akhtar
(f) Mohd. Rizwan Noor sub-parts. (g) Mst. Fauzia
(h) Mst. Kehkashan Sahiba Sultan 1/8th
(a) Ghayas Ul Arfin 1/8th
(b) Mushtaq ul Arfin
(c) Aftab ul Arfin
(d) Naseem ul Arfin
(e) Mst. Nasreen Zia
(f) Mst. Razia Sultan
(g) Mst. Tasneem Zia @ Tasneem Irfan (deceased) her LRs:-
1. Mst. Farzana @ Mst. Iram
2. Mst. Sofia Jabeen
(a) Umar Daraz 1/8th
(b) Mohd. Irfan
(c) Mohd. Mustafa
(d) Mst.Mehmooda CS DJ No. 610867/2016 No. 10 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:16:30 +0530 S.No. Property Description Beneficiary / LRs of beneficiary, Share if beneficiary is not alive
(e) Mst. Fehmida
(f) Mst. Shahida
(g) Mst. Majida
(h)Mst.Nazma (deceased) her LRs:
1 Mohd. Rizwan
2. Mohd. Naghman
3. Mohd. Tabrez
4. Mohd Shah Faisal 5 Mst. Rukhsana Qaisar 6 Mst. Rehana Rais 7 Mst. Naghmana Miraj 8 Mst. Farhana Kausar 9 Mst. Durdana Naseem
3. Thereafter, the matter was fixed for considering the mode of partition and parties requested that they be given an opportunity to explore a possibility of suggesting if the properties can be partitioned by metes and bounds and if yes, put forward a proposal how such partition can be effected.
4. On 02.09.2024, a joint application under Order XXIII Rule 3 r/w section 151 CPC alongwith MoU and 17 site plans has been moved by the plaintiffs and defendants wherein it is submitted, that after passing of preliminary decree, in order to bring about an end to all the disputes and differences and to restore peace in family, parties to the suit / legatees of the Will dated 26.01.1990 had orally arrived at a mutual scheme of partition / arrangement of properties left behind by Mst.
Khatoon Mehshar. The settlement has been recorded in writing by way CS DJ No. 610867/2016 No. 11 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:16:36 +0530 of Memorandum of Settlement dated 27.08.2024. Vide this MoU, the properties have been allocated amongst the parties/ legatees of Will in the following manner:-
S. Name of the Parties/legatees of Details of properties No. the Will dated 26.01.1990 of allocated/owned/fallen to the Mst. Khatoon e Mehshar parties/legatees of Will.
1. Mohd. Zakir 1/4th Share of Tin Shed Mohd. Amin Salem, Godown No. 5409A, Shop Mohd. Azim Qadir 5409A/1 with affiliated sub-
Mohd. Azhar Kaleem private numbers of shops at Mohd. Inam ur Rehman Mohd. Anis ur Rehman GF, FF, SF, TF at the spot, Mohd.Tanzimur Rehman 1/3rd of Plot No. 5409 Mohd. Arshad Naeem (adjacent to 5409/1 to 5 and Mst. Rasheda Sultan 5409A), Shops of 5402-03 with affiliated sub-private numbers at the spot, Shops 5404A/1, 5404A/2 with Shop 5404/6G 5404A/A5, etc (Total 11 shops) (Opposite House 5404-05) affiliated Sub- Private numbers at the spot, 1/2(Half) House No. 5404-05, Shops No. 5207 with affiliated Sub-Pvt. numbers of GF,FF, SF, TF, IVF at the spot, Shops 5317 with affiliated sub- private numbers of shops at GF, FF, SF, TF at the spot, 1/2 (Half) Tin Shed of 5404-
05/ Part behind
5405A/3(5405/6 Partap
Market,) All situated at (New Market)(Sindhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi.
Shown in PURPLE color in Digitally signed by CS DJ No. 610867/2016 PARVEEN PARVEEN SINGH No. 12 of 24 SINGH Date:
2024.09.04 17:16:44 +0530 the Site Plans Annexure A1 to A4, B1 to B4 and C4.
2. Mst. Amna Khatoon alias 1/4th Share of Tin Shed Yasmeen Khatoon, Godown No. 5409A, Shops Mst. Badar Jahan No. 2878 and 2879 / Mst. Khursheed Jahan parts/affiliated sub-Private Numbers of shops at GF, FF, SF, TF at the spot, House & Shops of 5402-03 with affiliated sub-private numbers at the spot, Shops No. 5409/3/1 to 5409/3/5 with affiliated sub-Private Numbers of shops at GF, FF, SF, TF at the spot, Shop of 5404-05/ Part behind 5405/6(5405/9) with private Pvt. Number at spot, 1/3rd of Plot No. 5409/Pvt Number at the spot, (adjacent to 5409/3/1 to 8 and 5409A), 5318 (Part) with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF at the spot, Shop 5305C with GF, FF, SF, TF, Shops 5409A/3 to 5409A/8 and 5409/13 (Pvt. No. 5419/13) with affiliated Sub-
Private numbers of Shops at GF, FF, SF,TF at the spot, 4 Shops 5404-05/Part (adjacent Shops 5402-3) with private numbers at the spot. Shops 5315/Part, 5316, 5305, 5305A with affiliated Sub-Private numbers of Shops at GF,FF,SF,TF at the spot. All situated at (New Market) (Sindhi Market) Sarai Hafiz CS DJ No. 610867/2016 Digitally signed by PARVEEN No. 13 of 24 PARVEEN SINGH SINGH Date:
2024.09.04 17:16:50 +0530 Banna, Sadar Bazaar, Delhi. Shown in ORANGE color in the Site Plan Annexures A1 to A4, B1 to B4, C1 and C5.
3. Abid Ul Islam Shop 5401/1, 5401/11, Mst. Gule Shadab 5401/12 GF, 5401/17-18 FF, Mst. Shabana (deceased) 5401/34,35,46, SF. 5401A 49 through her LRs and 54 TF, Shop 5208(Part) Akhtar Jamal/Jamal Akhtar Talha Jamal with affiliated sub-private Amir Jamal numbers of shops at GF, FF, Mst. Anusha Jamal. SF, TF at the spot, 7 small shops (adjacent 5207), All at (New Market) (Gandhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi. 1/2 (Half) Share of House No. 1174, Churiwalan, Jama Masjid, Delhi.
Shown in BLUEcolor in the Site Plan Annexures B1 to B4 and D.
4. Mohd. Majid Samim 1/4th Share of Tin Shed Godown Mst. Farzana Begum No. 5409A, Shops No. 5409/1 to Mst. Rukhsana Begum 12 with affiliated Sub-Private Mst. Salma Khatoon numbers of Shops at GF, FF, SF,TF, IVF at the spot, Shops 5409/3/6 to 8 with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF. Shops and House of 5402-03 (adjacent 5402A) with affiliated sub- private numbers at the spot, 1/2 (Half) House No. 5404-05, Shops 5315, 5315A and 5315B with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF, IVF, Shops 5334/4, 5334/A4, 5334/5, 5334/6, 5335, 5335A, CS DJ No. 610867/2016 No. 14 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:17:00 +0530 5335/A1, 5335(Part) (with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF, IVF ) All at (New Market) (Gandhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi. Shown in Light BROWN color in the Site Plan Annexures A1 to A5, B1 to B4, C2 and C6.
5. Nazir Ul Islam Shops 5402A/1 to 8 with Abdul Muttalib affiliated Sub-Private numbers Mohd. Abdullah alias Abdul of Shops at GF, FF, SF at the Khaliq spot, Shop adjacent 5402A/1, Mohd. Tayyab Mohd. Najam Akhtar 4 Shops 5402-03(opposite Mohd. Rizwan Noor 5409/3/F/1), Shop No. 5204, Mst. Fauzia with affiliated Sub-Private Mst. Kehkashan numbers of Shops at GF, FF, SF at the spot, 3 Shops 5404- 05(adjacent House 5404-05) with affiliated Sub-Private numbers of Shops at GF, FF, SF, TF at the spot,, 4 Shops 5404-05(opposite 5404/3/3), 5404/10 (adjacent Well), 1/2 (Half) Tin Shed of 5404-05/ Part behind 5405A/3(5405/6 Partap Market), 1/2(Half) of Well Plot, Shop/Hall of P.No. 5330 with affiliated Sub- Private numbers of Shops at GF, FF, SF, TF, IVF, Shop 5303 with GF , MF, Shop 5304A/1 with GF and FF, All at (New Market)(Sindhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi.
Shown in GREEN color in the CS DJ No. 610867/2016 No. 15 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:17:07 +0530 Site Plan Annexures A1 to A5, B1 to B4, C1 and C3.
6. Mst. Sahiba Sultan 1/4th Share of Tin Shed Godown No. 5409A, 5409A/2 with affiliated sub- private numbers of shops at GF, FF, SF, TF at the spot, Shops of 5402-03(behind Shop No. 5404/11 Partap Market) with affiliated sub- private numbers of shops at GF, FF, SF, TF at the spot, 1/3rd of Plot No. 5409 (adjacent to 5409/3/1 to 5409/3/5 and 5409A), Shop 5303A,GF, FF, Shop 5303/A- 1, GF FF, Shop 5304, GF, FF, 5334/ 1 to 3 GF, FF, All at (New Market)(Sindhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi. 1/2(Half)of House No.1818 to 1825 Sui Wala, Delhi. (Now entire House No. 1818 to 1825 belongs to party of the Sixth Part) Shown in RED color in the Site Plan Annexures A1 To A4, B1 to B4, C1, C6 and E.
7. Ghayasul Arfin Shops No. 5409/2/1, 5409/2/2, Mushtaq ul Arfin 5409/2/3, 5409/2/4, 5409/2/5. Aftab ul Arfin 5409/2/6, 5409/2/7 with Nasim ul Arfin affiliated sub-private numbers Mst. Nasreen Zia Mst. Razia Sultan of shops at GF, FF, SF, TF at Mst. Tasneem Zia @ Tasneem the spot, All at (New Market) Irfan (deceased) her Lrs:- Sarai Hafiz Banna, Sadar Mst. Farzana alias Mst. Iram, Bazaar, Delhi.
CS DJ No. 610867/2016 No. 16 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date: 2024.09.04 17:17:15 +0530 Mst. Sofia Jabeen. Shown in PINK color in the Plan Annexures B1 to B4. 8. Umar Daraz Shops 5404/5, 5404/6, 5404/7, Mohd. Irfan 5404/8A, 5404B/8 with Mohd. Mustafa affiliated sub-private numbers Mst. Mehmooda
of shops at GF, FF, SF, TF at Mst. Fehmida Mst. Shahida the spot, 5404/9 with affiliated Mst. Majida sub-private numbers of shops Mst. Nazma (deceased) her Lrs : at GF, FF, SF, TF at the spot, Mohd. Rizwan 5 Shops with Almirah Shops Mohd. Naghman of 5404-05(opposite Well) All Mohd. Tabrez at (New Market) Sarai Hafiz Mohd. Shah Faisal Banna, Sadar Bazaar, Delhi. Mst. Rukhsana Qaisar Shown in YELLOW color in Mst. Rehana Rais Mst. Naghmana Miraj the Plan Annexures B1 to B4. Mst. Farhana Kausar Mst. Durdana Naseem
5. Though the application has been moved under Order XXIII rule 3 CPC but in fact it is an application whereby on ground, mode of partition has been suggested by the parties to the court to give effect to the preliminary decree and as such, is not a compromise application but is an application or a proposal suggested to the court and is being treated as such.
6. Today, separate statements of parties and their counsels have been recorded stating that the parties have jointly filed an application under Order XXIII Rule 3 CPC alongwith affidavits, Memorandum of Understanding (annexure FS) and 17 site plans (Annexures A1 to A5, B1 to B4, C1 to C6, D, E) reducing in writing the terms of an oral family settlement which had been arrived between the parties after the preliminary decree for partitioning the properties by metes and bounds.
CS DJ No. 610867/2016 No. 17 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date: 2024.09.04 17:17:22 +0530
The application has been signed by the parties/ SPAs. The application alongwith its annexures has been exhibited as Ex.C-1.
7. It has further been jointly stated that part of property no.5208, ground floor to fourth floor with affiliated sub private numbers at the spot shown in yellow colour in site plans (annexure B1 to B4) has been allocated to defendants no. 21 to 28. However, the said fact could not be mentioned either the MoU or in the table shown in application under Order XXII Rule 3 CPC. It is therefore prayed that while passing final decree, this property be allocated to defendants no. 21 to 28. It is jointly prayed that final decree may be passed in terms of Ex.C-1 and in view of the statements.
8. I have gone through the application alongwith its annexures and the statements made today. I am satisfied with the proposal of partitioning the estate of late Mst. Khatoon E Mehshar by metes and bounds as has been furnished today through this application. The site plans filed alongwith the application (Ex.C-1) clearly demarcate and define the shares of each of the parties. In view of the statements of the parties/ their GPA/ their counsels as well as the application u/O XXIII Rule 3 CPC, I am also satisfied that the parties have agreed to accept the shares allocated to them vide Ex.C-1 and as shown in the site plans, in full satisfaction of their shares, as had been awarded vide preliminary decree dated 05.08.2024. The site plans have been exhibited as Ex.C-2 to Ex.C-18.
9. Final decree of partition is accordingly passed in terms of the application under Order XXIII Rule 3 CPC (Ex.C-1) and the site Digitally signed by CS DJ No. 610867/2016 PARVEEN PARVEEN SINGH No. 18 of 24 SINGH Date:
2024.09.04 17:17:30 +0530 plans (Ex.C-2 to Ex.C-18). The parties shall have following shares in the properties/ estate of late Mst. Khatoon E Mehshar:-
S. Name of the Parties/legatees of Details of properties No. the Will dated 26.01.1990 of allocated/owned/fallen to the Mst. Khatoon e Mehshar parties/legatees of Will.
1. Mohd. Zakir 1/4th Share of Tin Shed Mohd. Amin Salem, Godown No. 5409A, Shop Mohd. Azim Qadir 5409A/1 with affiliated sub-
Mohd. Azhar Kaleem private numbers of shops at Mohd. Inam ur Rehman Mohd. Anis ur Rehman GF, FF, SF, TF at the spot, Mohd.Tanzimur Rehman 1/3rd of Plot No. 5409 Mohd. Arshad Naeem (adjacent to 5409/1 to 5 and Mst. Rasheda Sultan 5409A), Shops of 5402-03 with affiliated sub-private numbers at the spot, Shops 5404A/1, 5404A/2 with Shop 5404/6G 5404A/A5, etc (Total 11 shops) (Opposite House 5404-
05) affiliated Sub-Private numbers at the spot, 1/2(Half) House No. 5404-05, Shops No. 5207 with affiliated Sub- Pvt. numbers of GF,FF, SF, TF, IVF at the spot, Shops 5317 with affiliated sub- private numbers of shops at GF, FF, SF, TF at the spot, 1/2 (Half) Tin Shed of 5404-
05/ Part behind
5405A/3(5405/6 Partap
Market,) All situated at (New Market)(Sindhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi.
Shown in PURPLE color in the Site Plans, Ex.C-2 to CS DJ No. 610867/2016 Digitally No. 19 of 24 signed by PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:17:37 +0530 Ex.C-5, Ex.C-7 to Ex.C-10 and Ex.C-14.
2. Mst. Amna Khatoon alias 1/4th Share of Tin Shed Yasmeen Khatoon, Godown No. 5409A, Shops Mst. Badar Jahan No. 2878 and 2879 / Mst. Khursheed Jahan parts/affiliated sub-Private Numbers of shops at GF, FF, SF, TF at the spot, House & Shops of 5402-03 with affiliated sub-private numbers at the spot, Shops No. 5409/3/1 to 5409/3/5 with affiliated sub-Private Numbers of shops at GF, FF, SF, TF at the spot, Shop of 5404-05/ Part behind 5405/6(5405/9) with private Pvt. Number at spot, 1/3rd of Plot No. 5409/Pvt Number at the spot, (adjacent to 5409/3/1 to 8 and 5409A), 5318 (Part) with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF at the spot, Shop 5305C with GF, FF, SF, TF, Shops 5409A/3 to 5409A/8 and 5409/13 (Pvt. No. 5419/13) with affiliated Sub-
Private numbers of Shops at GF, FF, SF,TF at the spot, 4 Shops 5404-05/Part (adjacent Shops 5402-3) with private numbers at the spot. Shops 5315/Part, 5316, 5305, 5305A with affiliated Sub-Private numbers of Shops at GF,FF,SF,TF at the spot. All situated at (New Market) (Sindhi Market) Sarai Hafiz CS DJ No. 610867/2016 Digitally signed by No. 20 of 24 PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:17:45 +0530 Banna, Sadar Bazaar, Delhi. Shown in ORANGE color in the Site Plan Ex.C-2 to Ex.C- 5, Ex.C-7 to Ex.C-10, Ex.C- 11 and Ex.C-15.
3. Abid Ul Islam Shop 5401/1, 5401/11, Mst. Gule Shadab 5401/12 GF, 5401/17-18 FF, Mst. Shabana (deceased) 5401/34,35,46, SF. 5401A 49 through her LRs and 54 TF, Shop 5208(Part) Akhtar Jamal/Jamal Akhtar Talha Jamal with affiliated sub-private Amir Jamal numbers of shops at GF, FF, Mst. Anusha Jamal. SF, TF at the spot, 7 small shops (adjacent 5207), All at (New Market) (Gandhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi. 1/2 (Half) Share of House No. 1174, Churiwalan, Jama Masjid, Delhi.
Shown in BLUE color in the Site Plan Ex.C-7 to Ex.C-10 and Ex.C-17.
4. Mohd. Majid Samim 1/4th Share of Tin Shed Godown Mst. Farzana Begum No. 5409A, Shops No. 5409/1 to Mst. Rukhsana Begum 12 with affiliated Sub-Private Mst. Salma Khatoon numbers of Shops at GF, FF, SF,TF, IVF at the spot, Shops 5409/3/6 to 8 with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF. Shops and House of 5402-03 (adjacent 5402A) with affiliated sub- private numbers at the spot, 1/2 (Half) House No. 5404-05, Shops 5315, 5315A and 5315B with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF, IVF, Shops 5334/4, 5334/A4, 5334/5, 5334/6, 5335, 5335A, CS DJ No. 610867/2016 Digitally signed by No. 21 of 24 PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:17:51 +0530 5335/A1, 5335(Part) (with affiliated Sub-Private numbers of Shops at GF, FF, SF,TF, IVF ) All at (New Market) (Gandhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi. Shown in Light BROWN color in the Site Plan Ex.C-2 to Ex.C-6, Ex.C-7 to Ex.C-10, Ex.C-12 and Ex.C-16.
5. Nazir Ul Islam Shops 5402A/1 to 8 with Abdul Muttalib affiliated Sub-Private numbers Mohd. Abdullah alias Abdul of Shops at GF, FF, SF at the Khaliq spot, Shop adjacent 5402A/1, Mohd. Tayyab Mohd. Najam Akhtar 4 Shops 5402-03(opposite Mohd. Rizwan Noor 5409/3/F/1), Shop No. 5204, Mst. Fauzia with affiliated Sub-Private Mst. Kehkashan numbers of Shops at GF, FF, SF at the spot, 3 Shops 5404- 05(adjacent House 5404-05) with affiliated Sub-Private numbers of Shops at GF, FF, SF, TF at the spot,, 4 Shops 5404-05(opposite 5404/3/3), 5404/10 (adjacent Well), 1/2 (Half) Tin Shed of 5404-05/ Part behind 5405A/3(5405/6 Partap Market), 1/2(Half) of Well Plot, Shop/Hall of P.No. 5330 with affiliated Sub- Private numbers of Shops at GF, FF, SF, TF, IVF, Shop 5303 with GF , MF, Shop 5304A/1 with GF and FF, All at (New Market)(Sindhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi.
Shown in GREEN color in the CS DJ No. 610867/2016 No. 22 of 24 Digitally signed by PARVEEN PARVEEN SINGH Date: SINGH 2024.09.04 17:17:59 +0530 Site Plan Ex.C-2 to Ex.C-6, Ex.C-7 to Ex.C-10, Ex.C-11 and Ex.C-13.
6. Mst. Sahiba Sultan 1/4th Share of Tin Shed Godown No. 5409A, 5409A/2 with affiliated sub- private numbers of shops at GF, FF, SF, TF at the spot, Shops of 5402-03(behind Shop No. 5404/11 Partap Market) with affiliated sub- private numbers of shops at GF, FF, SF, TF at the spot, 1/3rd of Plot No. 5409 (adjacent to 5409/3/1 to 5409/3/5 and 5409A), Shop 5303A,GF, FF, Shop 5303/A- 1, GF FF, Shop 5304, GF, FF, 5334/ 1 to 3 GF, FF, All at (New Market)(Sindhi Market) Sarai Hafiz Banna, Sadar Bazaar, Delhi. 1/2(Half)of House No.1818 to 1825 Sui Wala, Delhi. (Now entire House No. 1818 to 1825 belongs to party of the Sixth Part) Shown in RED color in the Site Plan Ex.C-2 to Ex.C-5, Ex.C-7 to Ex.C-10, Ex.C-11, Ex.C-16 and Ex.C-18.
7. Ghayasul Arfin Shops No. 5409/2/1, 5409/2/2, Mushtaq ul Arfin 5409/2/3, 5409/2/4, 5409/2/5. Aftab ul Arfin 5409/2/6, 5409/2/7 with Nasim ul Arfin affiliated sub-private numbers Mst. Nasreen Zia Mst. Razia Sultan of shops at GF, FF, SF, TF at Mst. Tasneem Zia @ Tasneem the spot, All at (New Market) CS DJ No. 610867/2016 No. 23 of 24 Digitally signed by PARVEEN PARVEEN SINGH SINGH Date:
2024.09.04 17:18:06 +0530 Irfan (deceased) her Lrs:- Sarai Hafiz Banna, Sadar Mst. Farzana alias Mst. Iram, Bazaar, Delhi. Mst. Sofia Jabeen. Shown in PINK color in the Plan, Ex.C-7 to Ex.C-10.
8. Umar Daraz Shops 5404/5, 5404/6, 5404/7, Mohd. Irfan 5404/8A, 5404B/8 with Mohd. Mustafa affiliated sub-private numbers Mst. Mehmooda of shops at GF, FF, SF, TF at Mst. Fehmida Mst. Shahida the spot, 5404/9 with affiliated Mst. Majida sub-private numbers of shops Mst. Nazma (deceased) her Lrs : at GF, FF, SF, TF at the spot, Mohd. Rizwan 5 Shops with Almirah Shops Mohd. Naghman of 5404-05(opposite Well) All Mohd. Tabrez at (New Market) Sarai Hafiz Mohd. Shah Faisal Banna, Sadar Bazaar, Delhi. Mst. Rukhsana Qaisar Mst. Rehana Rais Part of property no.5208, Mst. Naghmana Miraj ground floor to fourth floor Mst. Farhana Kausar with affiliated sub private Mst. Durdana Naseem numbers at the spot.
Shown in YELLOW color in the site Plan Ex.C-7 to Ex.C-
10.10. Application Ex.C-1 with site plans Ex.C-2 to Ex.C-18 shall form part of the decree. Final decree be prepared after furnishing of requisite stamp papers. No orders as to cost. File be consigned to record room.
Digitally signed byPARVEEN PARVEEN SINGH SINGH Date: 2024.09.04 17:18:16 +0530 Announced in the open court (PARVEEN SINGH) on 04.09.2024. DJ-11, Central District, (This judgment contains 24 pages and Tis Hazari Court, Delhi each page bears my signature.) CS DJ No. 610867/2016 No. 24 of 24