ANUPMA MITRA vs AMIT MITRA (DECEASED) THROUGH LR PRERNA SEEMAR KALRA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 11.12.2025 Judgment pronounced on:16.12.2025 + FAO 247/2025 & CM APPL. 55668/2025 ANUPMA MITRA .....Appellant Through: Ms. Jasmine Damkewala and Mr. Divyam Khera, Advocates. versus AMIT MITRA (DECEASED) THROUGH LR PRERNA SEEMAR KALRA .....Respondent Through: Mr. Samman Vardhan with Mr. Shrey Gupta, Ms. Khsuhi, Ms. Priyam Tiwari, Ms. Anshika and Ms. Rukhshaar Saifi, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Order XLIII of the Civil Procedure Code, 1908 (the CPC) has been filed by the defendant in CS No. 93/2020 on the file of the learned Additional District Judge, South District, Saket Courts, Delhi, aggrieved by the order dated 01.07.2025 by which an application under Order XXII Rule 3 and Rule 10 CPC filed by the respondent herein claiming to be Signature Not Verified FAO 247/2025 Page 1 of 8 Signed By:KOMAL DHAWAN Signing Date:16.12.2025 12:13:16 the legal representative of the plaintiff based on a Will was allowed. 2. In this appeal, the parties herein shall be referred to as described in the plaint. 3. Brief facts necessary for the adjudication of the appeal are as follows: The plaintiff instituted CS No. 93/2020 seeking partition, rendition of accounts, and separate possession of the immovable property bearing B-77, Freedom Fighters Enclave, Neb Sarai, New Delhi, asserting an undivided 50% share in the said property, the remaining half being owned by his sister, the defendant. During the pendency of the suit, an interim order was passed restraining both parties from creating third-party interests or alienating the suit property. Subsequently, on 15.12.2023, the trial court passed a preliminary decree for partition direct