SUNITA SHARMA & ORS. vs KANTA DEVI THRU LRS & ORS.

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04th July, 2025 + CM(M) 1132/2025 & CM APPL. 38334-38336/2025 SUNITA SHARMA & ORS. ....Petitioner Through: Mr. Uttam Datt, Senior Advocate with Ms. Sonakshi Sinigh and Mr. Kumar Bhaskar, Advocates versus KANTA DEVI THRU LRS & ORS. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners take exception to order 17.04.2025 passed by learned Trial Court whereby their names have been deleted from the array of the parties. 2. Smt. Kanta Devi (since deceased) had filed a suit for partition, injunction and mesne profits. 3. Such suit was directed against six defendants. 4. A property bearing no. C-5A/200, DDA Flats, Janak Puri, New Delhi was owned by Sh. Satya Paul Kaushal. He bequeathed the same in favour of his wife Smt. Pushpa Kaushal by virtue of registered Will dated 09.07.1996. Sh. Satya Paul Kaushal died on 05.06.2012, leaving behind no Class-I legal heir except his wife Sh. Pushpa Kaushal who was, even otherwise, the sole beneficiary of the aforesaid property as per the Will. 5. Smt. Pushpa Devi also, unfortunately, died on 29.04.2021. 6. She died intestate. 7. She also did not leave behind any Class-I legal heir. Signature Not Verified Digitally Signed CM(M) 1132/2025 1 By:SONIA THAPLIYAL Signing Date:05.07.2025 14:48:02 8. The family tree, as annexed with the present petition, is reproduced as under: 9. The suit in question was filed on 21.10.2021 by Smt. Kanta Devi, who is real sister of Sh. Satya Paul Kaushal. She died on 28.01.2022. 10. Defendant nos. 3 to 6 are children of her two sisters i.e. Smt. Kaushalya Devi and Smt. Kamla Devi and, admittedly, her two such sisters had also pre-deceased Smt. Pushpa Kaushal. 11. During pendency of the aforesaid suit,