MANASH SARKAR & ORS. vs SHUKLA SARKAR

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19.11.2025 + RFA(OS) 67/2025 and CM APPL. 66314/2025 MANASH SARKAR & ORS. .....Appellants Through: Ms. Geeta Luthra, Sr. Adv. with Mr. Ashok K Singh, Mr. Deepak Kumar, Ms. Samridhi Singh, Mr. Anant Roy, Mr. Rishabh Dahiya, Ms. Prashansika Thakur, Advs. versus SHUKLA SARKAR .....Respondent Through: Mr. S.K. Bhaduri, Ms. Shreyangana Bag, Ms. Neetu Gupta, Mr Prem Prakash, Advs. with Respondent in-person CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellants assail the correctness of the order dated 28.02.2025 and Preliminary Decree for partition of the property [hereinafter referred to as ‘Impugned Order’], whereby the parties were held entitled to 1/4th share over the property bearing no. F-1189, Chittaranjan Park, New Delhi-110019 [hereinafter referred to as ‘suit property’]. 2. In order to comprehend the controversy involved in the present matter, the genealogy and brief facts are required to be considered. Signature Not Verified Signed By:JAI NARAYAN RFA(OS) 67/2025 Signing Date:29.11.2025 Page 1 of 7 10:38:18 3. The genealogy of the family reads as under: 4. The suit property originally belonged to late Sh. Naresh Chandra Sarkar [hereinafter referred to as ‘NCS’], who died on 03.12.2015. Smt. Dipali Sarkar [hereinafter referred to as ‘Dipali’], the widow of NCS, exclusively claims the suit property by virtue of Will dated 03.12.2023, allegedly executed by NCS. The Respondent/Smt. Shukla Sarkar, one of the daughters of NCS and Dipali, filed a suit for partition while impleading her mother/ Dipali and her three siblings. On the other hand, Dipali filed a probate petition exclusively