NASIR vs ASHWANI KUMAR WADHWA AND OTHERS

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th May, 2025 + CS(OS) 306/2025 & I.As. 12215-20/2025 NASIR .....Plaintiff Through: Mr. D. Hasija, Ms. Prachi Hasija and Mr. Dev Hans Kasana, Advocates versus ASHWANI KUMAR WADHWA AND OTHERS .....Defendants Through: Mr. Anil Hooda, Mr. Satendra Singh, Advocates for D-1 & D-2 Mr. Ajay Sharma, Advocate for D- 4.1, 4.2 and 4.3 % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present suit has been filed by the plaintiff seeking partition as well as seeking permanent and mandatory injunction against the defendants with respect to the land admeasuring 4 bighas and 16 biswas, comprised in Khasra Nos. 548/1 (3-12) and 550/2 (1-4), situated in village Satbari, Tehsil Mehrauli, New Delhi (‘suit property’). 2. The plaintiff states that the suit property was owned by Sh. Hakumat Rai. 2.1 He states that after the demise of Sh. Hakumat Rai on 03.04.1994, the property devolved upon his widow, three daughters and four sons. 2.2 He states that Sh. Hakumat Rai’s widow and daughters executed a Signature Not Verified Signed By:MAHIMA CS(OS) 306/2025 Page 1 of 9 SHARMA Signing Date:20.05.2025 11:11:17 registered relinquishment deed dated 15.11.2010 in favour of the four sons thereby establishing the joint ownership of the four sons. 2.3 He states that the fourth son, Sh. Kamal Wadhwa, passed away in 2024 leaving behind his Class-I legal heirs, who have been arrayed as defendant nos. 4.1, 4.2 and 4.3. 2.4 He states that the suit property, for ease of convenience, was divided by the sons of Sh. Hakumat Rai into two portions. The said portions have been identified as portion 1 and portion 2. 2.5 He states that portion 1 came to the share of defendant nos. 1 and 2 while