NAZRA KHATOON vs MOHD. ZAFAR & ORS.

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.11.2025 + CM(M) 2179/2025, CM APPL. 71122/2025 & 71121/2025 NAZRA KHATOON .....Petitioner Through: Ms. Roopa Nagpal, Advocate. versus MOHD. ZAFAR & ORS. .....Respondents Through: None. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/plaintiff has assailed order dated 10.09.2025 of the learned trial court, whereby her application under Order I Rule 10 CPC in order to implead a stranger as a party in the partition suit was dismissed by the learned trial court. Having heard learned counsel for petitioner/plaintiff, I do not find it a fit case to even issue notice. 2. Broadly speaking, the petitioner/plaintiff filed a suit for partition and permanent injunction pertaining to the estate left behind by late Ms. Sahiba, predecessor-in-interest of the petitioner/plaintiff and the defendants. During pendency of the suit, the petitioner/plaintiff filed an application under Order I Rule 10 CPC seeking to implead a stranger, Toheed, as defendant no.6 in the suit. The petitioner/plaintiff claimed that on 18.09.2024, she came to CM(M) 2179/2025 Page 1 of 6 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, Digitally Signed serialNumber=d3e86796451ec45c07b5d155 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA Date: 2025.11.14 18:11:15 -08'00' By:NEETU N NAIR Signing Date:14.11.2025 18:44:42 know that Toheed had forcibly taken possession of the subject property, claiming to have purchased the same from defendant no.1. After some altercation with Toheed, the petitioner/plaintiff also l