LALIT KUMAR vs SUNITA & ORS.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11.07.2025 + FAO(OS) 78/2025 LALIT KUMAR .....Appellant Through: Mr.Shekhar Nanavaty, Adv. versus SUNITA & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL. 40358/2025 & CM APPL. 40359/2025 (Exemptions) 1. Allowed, subject to all just exceptions. FAO(OS) 78/2025 & CM APPL. 40357/2025 2. This appeal has been filed by the appellant, challenging the Order dated 29.05.2025 passed by the learned Single Judge of this Court in I.A. 14056/2025 in CS(OS) 494/2022, titled Sunita v. Dinesh Kumar & Ors., whereby the application filed by the appellant herein under Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short, ‘CPC’), was dismissed. 3. The brief background of the facts in which this present appeal that arises is that the respondent no.1 has filed the above suit praying for a decree of partition in respect of the suit property bearing no. RZ- Signature Not Verified Digitally Signed FAO(OS) 78/2025 Page 1 of 5 By:RENUKA NEGI Signing Date:14.07.2025 20:03:30 2C/4, Sector-8, Palam Colony, Indra Park, New Delhi-110045 (hereinafter referred to as the, ‘Suit property’), left behind by the late father of the respondent no.1 as well as the appellant, Shri Har Prasad. 4. In the plaint, she has stated that the appellant has set up a registered Will dated 10.07.2018. The respondent no. 1 has made averments as to why the said Will is void-ab-initio and liable to be ignored. However, there is no prayer seeking a declaration that the said Will is void. 5. The appellant did not file any written statement in the suit. 6. A Preliminary Decree dated 27.08.2024 was passed by the learned Single Judge, declaring therein, inter a