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

Judgment text excerpt

$~ * 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, Signature Not Verified RFA(OS) 6/2023 Page 1 of 11 Signed By:JAI NARAYAN Signing Date:16.09.2025 15:52:31 New Delhi [hereinafter referred to as „suit property‟], was granted in favor of the Respondents [Plaintiffs before the learned Single Judge], declaring them one-third owners (each) of the suit property. The said order dated 23.10.2019 is also under challenge in the present Appeal. FACTUAL MATRIX 2. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed. 3. The genealogy of the family is as under: 4. Late Sh. Mir Singh, the father of the parties, had acquired the suit property through his own funds under a perpetual sub-leas