SMT RUPALEE SURI vs SMT KAMAL SURI & ORS.

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08th August, 2025 + CM(M) 1472/2025 & CM APPL. 48581/2025 & CM APPL. 48582/2025 SMT RUPALEE SURI .....Petitioner Through: Mr. Yogesh Goel and Mr. Aryan Singh, Advocates along with petitioner-in-person versus SMT KAMAL SURI & ORS. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 02.06.2025 whereby her application for impleadment has been dismissed. 2. A suit for partition has been filed by plaintiff in which Sh. Pradeep Suri is also one of the defendants. 3. Aforesaid application seeking impleadment has been filed by the wife of Sh. Pradeep Suri. She claims that she has a right to residence in the shared household in question i.e. house situated at Ashok Vihar, Delhi-110052. 4. There is matrimonial discord between the parties and on account of such matrimonial discord, petitioner herein has already filed a complaint under Section 12 Protection Of Women From Domestic Violence Act, 2005. Admittedly, such complaint is though pending adjudication, the learned Magisterial Court has already passed residence order in favour of the Signature Not Verified Digitally Signed CM(M) 1472/2025 1 By:SONIA THAPLIYAL Signing Date:12.08.2025 13:24:37 petitioner herein and has restrained plaintiff and defendant no. 1 as well from dispossessing her from the subject property and not to disturb and interfere with her settled possession. 5. The petitioner, however, claims that she is a proper and necessary party in the ongoing partition suit as well. 6. This Court has gone through the impugned order and no illegality or perversity is found therein. 7. Petitioner herein, being wife of defendant no. 1, does not seem to be a proper or necessary party in