RICHA TIWARI vs KUMAR SAMBHAV MISHRA & ORS.

Judgment text excerpt

$~21 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.11.2025 + RFA(OS) 44/2025, CM APPL. 44854/2025 (Stay) & CM APPL. 44855/2025 (Ex. from filing certified copy of the impugned order) RICHA TIWARI .....Appellant Through: Appearance not given versus KUMAR SAMBHAV MISHRA & ORS. .....Respondents Through: Mr. A.P.S Ahluwalia, Senior Advocate with Mr. S.S. Ahluwalia and Ms. Rimpy Rohilla, Advocates 22 + RFA(OS) 46/2025, CM APPL. 45187/2025 (Stay) & CM APPL. 45188/2025 (Ex. from filing certified copy of the impugned order) VANDANA DIXIT .....Appellant Through: Appearance not given versus KUMAR SAMBHAV MISHRA & ORS .....Respondents Through: Mr. A.P.S Ahluwalia, Senior Advocate with Mr. S.S. Ahluwalia and Ms. Rimpy Rohilla, Advocates CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:17.11.2025 RFA(OS) 44/2025 & RFA(OS) 46/2025 Page 1 of 5 12:41:57 % JUDGEMENT (ORAL) ANIL KSHETARPAL, J. 1. These two Appeals assail a common Judgment and Order dated 23.04.20251 in I.A. No.40283/2024 in CS(OS) No.72/2022 passed by the learned Single Judge. Since both Appeals arise out of the same Impugned Judgment and Order, they have been heard together and are being disposed of by this common Order. 2. The Appellants/Plaintiffs therein assail the correctness of the Impugned Order, by way of which the learned Single Judge has rejected their plaint in exercise of power under Order VII Rule 11 of the Code of Civil Procedure, 19082. 3. The Plaintiffs and Respondents/Defendants therein are children of late Shri Jagdish Prasad, who, upon his demise, left behind as many as 5 children as his legal heirs. Plaintiffs, namely, the two daughters, filed a suit for partitio