SMT. VANDANA DIXIT & ANR. vs SHRI KUMAR SAMBHAV MISHRA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23rd April, 2025 + CS(OS) 72/2022 & I.As. 2105/2022, I.A. 40283/2024 SMT. VANDANA DIXIT & ANR. .....Plaintiffs Through: Mr. Atul Bandu, Advocate (Through VC) with plaintiff in person versus SHRI KUMAR SAMBHAV MISHRA & ORS. .....Defendants Through: Mr. A.P.S. Ahluwalia, Senior Advocate with Mr. S.S. Ahluwalia, Ms. Saniya Zehra, Mr. Yuvraj Jaiswal, Advocates for D-1 to 3 CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % JUDGMENT MANMEET PRITAM SINGH ARORA, J: I.A. 40283/2024 (Application under Order VII Rules 7 and 11 CPC for rejection of plaint) 1. The present application has been filed by the Defendant Nos. 1, 2 and 3 under Order VII Rules 7 and 11 of the Code of Civil Procedure, 1908 (‘CPC’) seeking rejection of the plaint on the ground of inconsistent pleas and abuse of process of law. Brief Facts 2. The underlying suit has been filed by the Plaintiffs seeking partition and permanent injunction qua the estate of Late Smt. Kanti Devi, more specifically, immovable property bearing Municipal No. 8642, Ward No. Signature Not Verified Digitally Signed CS(OS) 72/2022 Page 1 of 13 By:MAMTA RANI XVI, Gali Gopal Wali, Gaushala Marg, Kishan Ganj, Delhi, admeasuring 178 Sq. Yds. (earlier known as Plot No.115/5 Block No. 67B Bagh Raoji-III, Delhi) (‘suit property’ or ‘Gali Gopal Wali property’). 3. It is stated in the plaint that the suit property belonged to Late Smt. Kanti Devi (i.e., mother of the parties), who died intestate on 23.04.2021 leaving behind five (5) children. It is stated that thus the Plaintiff Nos.1 and 2 claim 1/5th undivided share each in the suit property along with three (3) Defendants, who are brothers of the Plaintiffs. It is stated that the Plaintiffs also claims to be in the joint physica