VIJAY MALHOTRA vs SUNIL MALHOTRA AND ORS

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 6th August, 2025 + CS(OS) 152/2023 & I.A. 4356/2023 VIJAY MALHOTRA .....Plaintiff Through: Mr. Kapil Gupta and Mr. Pushpendra Jadon, Advocates. versus SUNIL MALHOTRA AND ORS .....Defendants Through: Mr. K.N. Singh and Mr. Prabhnoor Singh, Advocates for D-1. Mr. Arvind Kr. Pandey, Advocate for D-2 to D-6. D-1 present-in-person. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (ORAL) 1. The present suit has been filed seeking partition, possession and permanent injunction in respect of the property I-63, Kirti Nagar, New Delhi, measuring 356.5 sq. mtrs. (‘suit property’). 2. The family pedigree chart of the parties to the suit is set out below: Signature Not Verified Digitally Signed CS(OS) 152/2023 Page 1 of 5 By:VIVEK MISHRA Signing Date:16.08.2025 16:34:18 3. The suit property was the self-acquired property of late Mr. KC Malhotra, father of the plaintiff’s husband and of defendants no.1 to 3. Mr. KC Malhotra died intestate on 28th August 1972. 4. With the consent of all the legal heirs of late Mr. KC Malhotra, the suit property was bequeathed to Ms. Primla Malhotra and she became the sole and absolute owner of the suit property. 5. Ms. Primla Malhotra expired intestate on 18th May 2005, leaving behind three sons and two daughters. 6. On 21st May 2005, a settlement was arrived at between the legal heirs of Ms. Primla Malhotra, which was later reduced into writing as Memorandum of Family Settlement on 8th June 2005. In terms of the said Signature Not Verified Digitally Signed CS(OS) 152/2023 Page 2 of 5 By:VIVEK MISHRA Signing Date:16.08.2025 16:34:18 settlement, it was agreed that the structure standing on the suit property would be demolished and then fresh construction shall be carried out. 7. M