KANTA SETHI vs HANS RAJ AND AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 4th December 2025 Judgment pronounced on: 6th January 2026 + CS(OS) 2159/2002 & I.A. 36924/2024 KANTA SETHI .....Plaintiff Through: Mr. Pradeep Kumar Verma, Advocate. versus HANS RAJ AND ORS. .....Defendants Through: Ms. Shellen Bajaj & Mr. Manak Budhiraja, Advocates. + TEST.CAS. 90/2014 SUDESH GULATI & ANR .....Petitioners Through: Ms. Shellen Bajaj & Mr. Manak Budhiraja, Advocates. versus STATE & ORS. .....Respondents Through: Mr. Abhinav Garg, Panel Counsel for GNCTD with Ms. Pallavi Raj, Advocate. Mr. Pradeep Kumar Verma, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. By way of this judgment, I shall decide the following: Signature Not Verified Digitally Signed CS(OS) 2159/2002 & TEST.CAS. 90/2014 Page 1 of 30 By:AARZOO Signing Date:06.01.2026 12:07:44 i. CS(OS) 2159/2002 seeking partition of the immovable properties forming part of the estate of Late Smt. Krishna Wanti and Late Sh. Hans Raj Gulati, along with other ancillary reliefs. ii. TEST.CAS.90/2014 seeking the grant of probate of the registered Will dated 30th May 2003, executed by Sh. Hans Raj Gulati. PLEADINGS IN CS(OS) 2159/2002 2. In the plaint, it has been pleaded as under: i. The plaintiff is one of the daughters of the Late Smt. Krishna Wanti and Late Sh. Hans Raj Gulati (defendant no.1). The defendant no.2, Sh. Sudesh Gulati is the brother of the plaintiff and the defendant no.3, Sh. Sanjay Gulati is the son of the defendant no.2. ii. The mother of the plaintiff, Late Smt. Krishna Wanti was the owner of the shop No. 39, along with first floor, and 2nd Floor, Krishna Market, Kalkaji, New Delhi- 110019. iii. The plaintiff’s mother gave her exclusive possession of the entire second floor of the aforesaid prope