Sh. Vikram Yadav And Ors vs Smt. Lalita Yadav And Ors on 26 November, 2025

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Delhi High Court - Orders

Sh. Vikram Yadav And Ors vs Smt. Lalita Yadav And Ors on 26 November, 2025

Bench: Amit Bansal

                          $~39
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(OS) 841/2025 with I.A. 29366/2025 & I.A. 29367/2025
                                    SH. VIKRAM YADAV AND ORS                 .....Plaintiffs
                                                 Through: Mr. B. S. Kharb, Advocate

                                                                  versus

                                    SMT. LALITA YADAV AND ORS                                                       .....Defendants
                                                  Through:

                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT BANSAL
                                                                  ORDER

% 26.11.2025 The present matter has been taken up today, i.e. 26th November, 2025, as 25th November, 2025 was declared a holiday on account of 350th Anniversary of 'Guru Teg Bahadur's Martyrdom Day'. I.A. 29367/2025 (seeking exemption from filing certified copies of documents)

1. Allowed, subject to the plaintiffs filing certified copies of the documents within four (4) weeks from today.

2. The application stands disposed of.

CS(OS) 841/2025

3. Let the plaint be registered as a suit.

4. Issue summons.

5. Summons be issued to the defendants through all permissible modes including email.

6. The summons shall state that the written statement(s) shall be filed by CS(OS) 841/2025 Page 1 of 5 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 28/11/2025 at 22:23:20 the defendants within thirty (30) days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/ denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

7. Liberty is given to the plaintiffs to file replication(s), if any, within thirty (30) days from the receipt of the written statement(s). Along with the replication filed by the plaintiffs, affidavit(s) of admission/ denial of the documents of the defendants be filed by the plaintiffs.

8. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

9. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

10. List before the Joint Registrar on 29th January, 2026, for completion of service and pleadings.

11. List before the Court on 30th March, 2026.

I.A. 29366/2025 (under Order XXXIX Rule 1 & 2 of CPC)

12. The present suit has been filed inter alia seeking reliefs of partition and permanent injunction.

13. It is stated that the plaintiffs and the defendants are the successors-in- interest of Jai Narain, Ganpat, and Rattan Lal (all being sons of Late Shri Shish Ram).

14. It is stated that the parties are joint owners of land bearing Khasra No.10/5 (4-16), 6 (4-16), 11/1/10/2 (2-16), 16//1/2 (3-0), 9/3 (1-11), 10 (4-

16), 11/1 (2-7), 32/17 (4-16), 18 (4-16), 19 (4-16), 20 (4-16), 21 (4-3), 22 (4-

16), 24 (4-16), 23 (4-16), 35/1 (3-7), 2 (4-16), 3 (4-16), 4/1 (1-16), 64/2 (1-

18), 3/2 (13-11) and 30 (6-14) (admeasuring 98 Bighas 15 Biswas in total) CS(OS) 841/2025 Page 2 of 5 This is a digitally signed order.

15. The pedigree table of the parties, as detailed in paragraph 4 of the plaint, is set out below:

16. Shri Jai Narain had expired intestate on 29th December, 2013 and therefore, the plaintiffs and the defendants no.1, 2 and 3 are his legal heirs in terms of Section 8 of the Hindu Succession Act, 1956.

17. It is stated that Khasra No. 64/2 admeasuring 1 Bigha 18 Biswas had already been partitioned by the parties and the defendants no.4, 5, 6 and 7 had constructed their residential houses in the extended abadi of Village Pandwala Khurd, New Delhi. However, the plaintiffs and the defendants no.1, 2 and 3 have partly built up and the rest of the plot is lying vacant. The said plot is the only subject matter of the present suit.

18. It is stated that the village Pandwala Khurd, New Delhi has been CS(OS) 841/2025 Page 3 of 5 This is a digitally signed order.

19. It is submitted that the defendant no.1 is illegally attempting to raise construction over more than her share in the suit property with the aim to deprive the plaintiffs of their share in the suit property. The plaintiffs have repeatedly requested the defendants for partition of the aforesaid plot, however, they have been refusing the said request.

20. It is further submitted that in the last week of May 2025, it came to the plaintiffs' knowledge that the defendant no.1, along with other defendants, is trying to sell the aforesaid plot.

21. Despite service, none appears on behalf of the defendants.

22. Issue notice.

23. Notice be issued to the defendants through all permissible modes including email.

24. Reply(ies) be filed within four (4) weeks.

25. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

26. Based on the aforesaid narration of facts, a prima facie case is made out in favour of the plaintiffs. Balance of convenience also lies in favour of the plaintiffs and against the defendants.

27. Accordingly, the plaintiff and the defendants no.1, 2 and 3 shall maintain status quo with regard to title and possession of the suit property till the next date of hearing.

28. The defendants no.1, 2 and 3 are also restrained from carrying out any unauthorized construction in the suit property till the next date of hearing.

29. Compliance under Order XXXIX Rule 3 of Code of Civil Procedure, 1908 shall be done within two (2) days.

CS(OS) 841/2025 Page 4 of 5

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 28/11/2025 at 22:23:20

30. List before the Joint Registrar on 29th January, 2026, for completion of service and pleadings.

31. List before the Court on 30th March, 2026.

AMIT BANSAL, J NOVEMBER 26, 2025/at CS(OS) 841/2025 Page 5 of 5 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 28/11/2025 at 22:23:20

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Delhi High Court - Orders