MRS. VINOD KUMARI BHALLA vs MR. ANIL PRAKASH (DECEASED) THROUGH HIS L.RS. & ORS

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22nd May, 2025 + CS(OS) 55/2018 & I.A. 2010/2018 MRS. VINOD KUMARI BHALLA .....Plaintiff Through: Mr. Naveen Sharma and Ms. Ayushi Agarwal, Advs. versus MR. ANIL PRAKASH (DECEASED) THROUGH HIS L.RS. & ORS .....Defendants Through: Mr. P.N. Gautam & Mr. Shivam Ujjainwal, Advs for D-1(a), (b) & (c) Ms. Charu Sachdeva, Adv. for D-2 and D-6 with D-6 in person (Ms. Nisha Vats) and Mr. Yuvraj Vats’ SPA Holder of D-2 in person. Mr. Vaibhav Bharti, Adv. for D-4 (a), (b) & (c) and D-5 Defendant no. 3 since deceased and represented by its legal heirs. % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present suit has been filed seeking declaration, partition, permanent and mandatory injunction with respect to the property bearing no. C-185, Sarvodaya Enclave, New Delhi, 110017 admeasuring 300 sq. yds. (‘suit property’). Signature Not Verified Signed By:HEMANT CS(OS) 55/2018 Page 1 of 12 PRATAP SINGH Signing Date:26.05.2025 20:48:53 Brief facts 2. The parties to the suit are the legal heirs of late Sh. Bal Swarup Saxena Kharena (father) and late Smt. Prem Lata (mother). 2.1 It is stated that while the mother of the parties died on 25.10.1992, the father of the parties died on 15.03.1999. 2.2 It is stated that late Sh. Bal Swarup Saxena Kharena was the recorded title holder of the suit property and as on date the property shall devolve in seven (7) equal shares, as follows: Plaintiff - Mrs. Vinod Kumari Bhalla - (Daughter) Defendant No. 1 - Mr. Anil Prakash (Now deceased) - (Son) Through L.Rs. 1(a) Smt. Neelam Prakash (Wife) 1(b) Akash Chander (Son) 1(c) Akansha (Daughter) Defendant No.2 - Mr. Prakash Chander - (Son) Defendant No.3 - Mr. Rajiv Prakash (Now dec