NAVEEN NISHOK KUMAR vs HARISH KUMAR & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11.09.2025 Judgment pronounced on: 23.09.2025 + RFA(OS) 57/2025, CM APPL. 57487/2025, CM APPL. 57488/2025 and CM APPL. 57489/2025 NAVEEN NISHOK KUMAR .....Appellant Through: Mr. Abhishek Singh, Adv. versus HARISH KUMAR & ORS. .....Respondents Through: Mr. Nishant Datta, Mr. Chirag Rathi, Mr. Kunal Sejwal, Mr. Dipesh Kashyap and Mr. Aayush Kumar, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal under Section 96 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] is preferred against the Judgment/Decree dated 18.12.2024 passed by the learned Single Judge in CS(OS) No. 359/2022 captioned Naveen Nishok Kumar & Ors. vs. Harish Kumar. By the Impugned Judgment, the learned Single Judge, while exercising enabling powers under Order XII Rule 6 of the CPC, decreed the suit for declaration and partition of one of four properties. Signature Not Verified RFA(OS) 57/2025 Page 1 of 19 Signed By:JAI NARAYAN Signing Date:23.09.2025 13:20:03 FACTUAL MATRIX 2. The broad facts leading to the present Appeal are that the parties are children of Sh. Sahab Chand and his wife, Smt. Kailasho Devi, who passed away on 11.02.1999 and 19.07.2008, respectively. Late Sh. Sahab Chand died intestate, leaving behind six children and a widow, who are his Class-I Legal Heirs. For ease of convenience, a genealogical tree of the family has been reproduced below, denoting the status and rank of the parties before the learned Single Judge in CS(OS) No. 359/2022 as well as before this Court: 3. In November, 2021, the Respondent No.1/Sh. Harish Kumar filed a civil suit bearing CS SCJ No. 1391/2021 for declaration, mandatory and