ANUPRIYA VIJ & ANR. vs ANURAG SANT

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st JANUARY, 2026 IN THE MATTER OF: + I.A. 44885/2024 In CS(OS) 52/2022 ANUPRIYA VIJ & ANR. .....Plaintiffs Through: Appearance not given versus ANURAG SANT .....Defendant Through: Mr. Ashok Kumar Singh, Senior Advocate with Mr. .Rakesh Chaudhary, Ms. Pushpa Dikshit, Mr. Rajat, Ms. Eesha, Ms. Saloni and Ms. Shivastuti, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) I.A. 44885/2024 1. The present Application under Order XII Rule 6 of CPC has been filed by the Plaintiffs, with the following prayers: “(i) Pass a preliminary decree of partition in favour of the plaintiffs and against the defendant to the extent of 44.44% undivided share (22.22% in favour of each of the plaintiffs) with respect to the suit property bearing no. B-215, Ashok Vihar, Phase-1, Delhi-110052 comprising of ground floor, first floor and terrace above, built on a plot of land admeasuring 300 sq. yds. (250.80 sq. meters) Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CS(OS) 52/2022 Page 1 of 20 Signing Date:09.02.2026 17:30:09 (ii) Pass order and direction against the defendant for the payment of Rs.44,500/- per month to the Plaintiffs towards the use and occupation, charges of the Plaintiffs 44.44% share in the Ashok Viharsuit property. (iii) Pass any other or further order as this Hon'ble Court may deem fit and proper in the facts and circums.tances of the case in favour of the plaintiffs and against the defendant.” 2. The present Suit has been filed by the Plaintiffs seeking partition of two properties: (i) Property bearing No. B-215, Ashok Vihar, Phase-I, Delhi, admeasuring about 300 sq. yards comprising of ground floor, first floor andterrace above (hereinafter referred to as “Ashok Vihar