MR. NIKHIL S KHANNA & ORS. vs MR. JAGDISH PRASAD KHANNA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 01.11.2025 Judgment pronounced on: 21.11.2025 + RFA(OS) 71/2024, CM APPLs.75320/2024 and 75322/2024 MR. NIKHIL S KHANNA & ORS. ....Appellants Through: Mr. Preetesh Kapur, Senior Advocate with Mr. Shaunak Kashyap, Mr. Anuj Panwar, Mr. Saksham Gupta and Mr. Kartikaya Gautam, Advocates versus MR. JAGDISH PRASAD KHANNA .....Respondent Through: Mr. Akhil Sibal, Senior Advocate instructed by Mr. Aditya Gupta & Ms. Abhilasha Gupta, Advocates for IRA Law. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through this Appeal, the Plaintiffs/Appellants herein assail the correctness of the Order dated 23.09.2024 [hereinafter referred to as „Impugned Order‟], passed in CS(OS) No. 656/2017, whereby the learned Single Judge rejected their plaint in exercise of powers under Order VII Rule 11 of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟]. 2. Herein, the parties shall be referred to by their status and ranking in the suit, i.e., CS(OS) No. 656/2017. Signature Not Verified RFA(OS) 71/2024 Page 1 of 23 Signed By:SAVITA PASRICHA Signing Date:21.11.2025 16:17:46 FACTUAL MATRIX: 3. In order to comprehend the issues involved in the present case, relevant facts, in brief, are required to be noticed. 4. Plaintiffs, namely Mr. Nikhil S. Khanna, Mrs. Brinda V. Khanna, Mrs. Namita Khanna, Ms. Ayesha Khanna, filed the suit CS(OS) No. 656/2017 for seeking partition, declaration, permanent injunction and rendition of accounts against their father, Mr. Jagdish Prasad Khanna/HUF [hereinafter referred to as „JK/HUF‟], s/o late Mr. Mahadev Prasad Khanna [hereinafter referred to as „MPK‟]. 5. The genealogical chart of the family is hereunde