RAJESH RAJPAL vs RAKESH RAJPAL & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 04.08.2025 Judgment pronounced on: 18.08.2025 + FAO(OS) 86/2025, CM APPL. 47237/2025 and CM APPL. 47238/2025 RAJESH RAJPAL .....Appellant 4Through: Mr. P.D. Gupta, Sr. Adv. with Mr. Atul Gupta, Adv. versus RAKESH RAJPAL & ORS. .....Respondents Through: Mr. Shivam Goel, Ms. Ramya S. Goel and Ms. Sanya Sharma, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal filed under Section 10 of the Delhi High Court Act, 1966, the Appellant assails the correctness of paragraph nos.15 and 36 of an interlocutory order dated 20.05.20251 passed by the learned Single Judge, in CS(OS) 324/2025 captioned Rajesh Rajpal vs. Rakesh Rajpal & Ors.2. Vide the Impugned Order, the learned Single Judge deleted the property mentioned at S.No.7 of paragraph no.8 of the Plaint from the scope of the Civil Suit. 1 Hereinafter referred to as ‘Impugned Order’ 2 Hereinafter referred to as ‘the Civil Suit’ Signature Not Verified Signed By:JAI NARAYAN FAO(OS) 86/2025 Page 1 of 11 Signing Date:18.08.2025 12:26:17 Additionally, it was declared that the properties enlisted in paragraph nos.3 and 5 of the Plaint shall not be governed by rigours of Section 52 of the Transfer of Property Act, 18823. The relevant paragraphs of the plaint are reproduced below: ―3. That in addition to the aforesaid properties/share therein, Late Mr. K.C. Rajpal also owned properties, detailed below:- (i) bearing No.107, Sherawali Market, Sadar Bazar, Delhi and (ii)bearing No. BG-5, Block-45A, Paschim Vihar, New Delhi-110063 The properties at S.No. (i) & (ii), were purchased in the name of Defendant No.2 and/or the wives of the Defendant Nos.1 & 2, with