RATI SAHNI vs GANESH SETH & ANR.

Judgment text excerpt

$- * IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 789/2025 and I.A. 27336/2025 MRS. RATI SAHNI WIFE OF MR. SHIV SAHNI AND DAUGHTER OF MR. GANESH SETH RESIDENT OF 24, THIRD FLOOR, ANAND LOK, NEW DELHI-110049 .....PLAINTIFF (Through: Mr. Amit Sibal, Sr. Adv with Mr. Amit Bhagat, Adv.) Versus MR. GANESH SETH SON OF LATE MR. R.L. SETH RESIDENT OF M-68, FIRST FLOOR, GREATER KAILASH PART-I, NEW DELHI-110048 MR. SALIL SETH SON OF MR. GANESH SETH RESIDENT OF M-68, FIRST FLOOR, GREATER KAILASH PART-I, NEW DELHI-110048 ....DEFENDANTS (Through: Mr. Anupam Srivastava, Sr. Adv with Ms. Mansi Jain and Mr. Parth Tanwar, Advs.) Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed SHARMA Signing Date:17.12.2025 By:PURUSHAINDRA 17:46:11 1 KUMAR KAURAV ------------------------------------------------------------------------------------ % Reserved on: 09.12.2025 Pronounced on: 17.12.2025 ----------------------------------------------------------------------------------- JUDGMENT I.A. 27335/2025 (FOR INJUNCTION UNDER ORDER XXXIX RULE 1 AND 2) The suit is for partitioning of purported coparcenary properties belonging to Ganesh Seth and Son HUF (the HUF). 2. The plaintiff is the daughter of defendant no. 1. Defendant no. 2 is her brother and defendant no. 1’s son. 3. The case set up in the plaint is as follows: 3.1. Mrs. Shobha Seth, the mother of the plaintiff and defendant no. 2, passed away on 12.01.2024. Defendant no. 1 is the karta of the HUF, and the other parties are members thereof. Late Mrs. Shobha Seth too, was a member of the HUF during her lifetime. 3.2. Within the HUF, the plaintiff and the defendants form a coparcenary, which is possessed of various properties. Upon the demise of Mrs. Shobha Seth, the