SUKHBIR SINGH CHOUDHARY AND ANR . vs RAJINDER PERKASH CHOUDHARY & ANR.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.09.2025 Judgment pronounced on: 16.09.2025 RFA(OS) 6/2023, CM APPL. 18300/2023, CM APPL. 27861/2023 & CM APPL. 40311/2023 SUKHBIR SINGH CHOUDHARY AND ANR . ....Appellants Through: Mr. Manish Sangwan, Adv. with A-2 in-person. versus RAJINDER PERKASH CHOUDHARY & ANR. .....Respondents Through: Mr. Rakesh Kumar and Mr. Sunil, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellants assail the correctness of order dated 03.03.2023 [hereinafter referred to as “Impugned Order”] passed by the learned Single Judge, whereby Review Petition No. 539/2019 filed by the Appellants [Defendants before the learned Single Judge] in CS (OS) No. 406/2018 was dismissed. Vide the Impugned Order, the learned Single Judge has declined to review the earlier Order dated 23.10.2019 passed in I.A. No. 9834/2019, whereby a preliminary decree for partition of the property admeasuring 400 sq. yds. bearing No.C-10/3, Vasant Vihar, 2. In order to comprehend the issues involved in the present case, the relevant facts in brief are re