NAFE SINGH & ORS. vs ROSHNI DEVI

Judgment text excerpt

$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08.07.2025 + RFA(OS) 38/2025 & CM APPL. 38964/2025 NAFE SINGH & ORS. .....Appellants Through: Ms. Suman Chaudhary, Adv. versus ROSHNI DEVI .....Respondent Through: Mr. N.S. Dalal, Ms. Nidhi Dalal, Mr. Alok Kumar, Ms. Rachana Dalal & Mr. Karan Mann, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (Oral) 1. This appeal has been filed by the appellants, challenging the Impugned Judgment dated 28.05.2025 passed by the learned Single Judge of this Court in CS (OS) No.79/2023, titled Smt. Roshani Devi v. Nafe Singh & Ors., whereby a preliminary decree of partition was passed, holding that the respondent is entitled to a 1/6th share in the suit property, which is as under; “…."8. The total land which belongs to the Plaintiff and the Defendants is measuring 56 Bigha 12 Biswa situated in revenue estate of village Dindarpur South West Delhi and is comprised of following Khasra Numbers: - 277(00-02), 278(04-14), 280(04-14), 281(04- 16), 334(00-17), 375/1 (03-00), 376(04-16), 388(00-04), 389/1(03-00), 390(04-16), 391 (04-16), 392/1(03-00), 904/2(05-02), Signature Not Verified Signed By:PALLAVI RFA(OS)38/2025 Page 1 of 5 VERMA Signing Date:14.07.2025 17:39:53 905/212(02-17), 383 min. (02-16), 386 min. (04-06), 387 min. (02-16) Total Holding: 56 Bigha 12 Biswas" ….” 2. The learned Single Judge has also appointed a Local Commissioner to visit the suit property and suggest whether partition by metes and bounds is possible or to suggest other options for actual partition. 3. The learned counsel for the appellants submits that the revenue record filed by the respondent along with her suit itself shows that the mutation of the property had been carried out in the year 2005 i