ANU (SINCE DECEASED) THRU LR vs SURESH VERMA (SINCE DECEASED THROUGH LRS) & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 03.12.2025 Judgment pronounced on: 15.12.2025 Judgment uploaded on: 15.12.2025 + FAO(OS) 151/2025, CM APPL. 75934/2025, CM APPL. 75935/2025, CM APPL. 75936/2025 and CM APPL. 75937/2025 ANU (SINCE DECEASED) THRU LR .....Appellant Through: Mr. Anuj Gupta, Adv. versus SURESH VERMA (SINCE DECEASED THROUGH LRS) & ORS. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal, filed by the Appellant, assails the correctness of order dated 11.09.2025 [hereinafter referred to as „Impugned Order‟] passed by the learned Single Judge declining the Appellant‟s [Plaintiff before the learned Single Judge] prayer for a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟] in a partition action. The Appellant/Plaintiff seeks a decree for partition and also for recovery of her alleged share in the rental income from certain properties which she claims form part of the intestate estate of her parents, late Sh. Om Prakash Verma and late Smt. Chandra Wati. 2. The Appeal raises a narrow question, whether the pleadings disclose such clear and unequivocal admissions as would entitle the Signature Not Verified Signed By:JAI NARAYAN Signing Date:15.12.2025 FAO(OS) 151/2025 Page 1 of 11 14:34:23 Appellant/Plaintiff to a decree under Order XII Rule 6 of the CPC, or whether substantial factual disputes persist which necessarily require adjudication upon evidence. FACTUAL MATRIX 3. In order to appreciate the controversy involved, it is necessary to briefly notice the relevant facts. For the sake of convenience, the parties are being referred to as they were arrayed before the