KANAK TRAKRU & ANR. vs RENU TRAKRU SINGLA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19 January 2026 Judgment pronounced on: 28/01/2026 + CS(OS) 216/2025, I.A. 8719/2025, I.A. 8720/2025, I.A. 8721/2025, I.A. 8722/2025, I.A. 26664/2025 & I.A. 29804/2025 KANAK TRAKRU & ANR. .....Plaintiffs Through: Mr. Ashok Gurnani & Mr. Mukesh Kr. Gupta Advs. versus RENU TRAKRU SINGLA & ORS. .....Defendants Through: Mr. Arvind Kumar Gupta, Mr. Abhiesumat Gupta, Mr. Ashish Singh & Mr. Ishan Parashar, Advs. for D-1. Ms. Reeta Kaul, Adv. for D-4. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN JUDGMENT I.A. 23815/2025 1. The application under Order VII Rule 11 of Code of Civil Procedure, 1908 („CPC‟) is filed by defendant no. 1 seeking rejection of the plaint. 2. The plaintiffs Kanak Trakru and Anmol Trakru filed a suit seeking partition of suit property and for declaration of interest of the plaintiffs and lien over the suit property as per the Will executed by Avtar Krishen Trakru and Raj Dulari Trakru. 2.1 In the alternative the prayer is that in the event Will is held to be invalid the suit property be partitioned as coparcenary/ancestral Signature Not Verified Signed By:AWANISHCS(OS) 216/2025 Page 1 of 9 CHANDRA MISHRA Signing Date:28.01.2026 15:30:16 property belonging to Hindu Undivided Family (hereinafter referred as „HUF‟) in which the plaintiffs claim 1/12th share each. Further the prayer is for declaring the suit property as coparcenary/ancestral property belonging to an HUF. 2.2 The brief facts as pleaded are that Sh. Avtar Krishen Trakru the grandfather of the plaintiffs by utilising his retiral benefits acquired the suit property in his own name and in the name of his wife Smt. Raj Dulari Trakru. A company by the name of Trakru Projects India Private Limited was incorporated on 25.01.1980, utilising