MAYA vs RAJESH & ORS.

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd JANUARY, 2026 IN THE MATTER OF: + CS(OS) 127/2022 MAYA .....Plaintiff Through: Appearance not given. versus RAJESH & ORS ......Defendants Through: Mr. Maroof Ahmad, Adv for Defendant No. 1. Mr. Raghavendra Mohan Bajaj and Mr. Shagun Agarwal, Advs for Proposed Defendant Mr. Neeraj Kumar. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) O.A. 13/2026 & I.A. 2050/2026 1. The present chamber appeal being O.A. 13/2026 under Rule 5 Chapter II of the Delhi High Court (Original Side) Rules, 2018 has been filed by Defendant No.1 against the Order dated 12.02.2024 passed by the Ld. Joint Registrar in the present Suit, whereby, the right of Defendant No.1 and Defendant No.3 for filing the written statement was closed. 2. I.A. 2050/2026 under Order 41 Rule 3A of CPC read with Section 5 of the Limitation Act, 1963 has been filed by Defendant No.1 seeking condonation of delay of 695 days in filing the chamber appeal being O.A. Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CS(OS) 127/2022 Page 1 of 38 Signing Date:02.02.2026 15:08:50 13/2026. 3. The present Suit is one for partition, permanent and mandatory injunction and rendition of accounts in respect of the Suit Properties left by the father of the Plaintiff i.e. Late Shri Vasudeva. 4. It is the case of the Plaintiff that the father of the Plaintiff Late Shri Vasudeva died intestate on 02.10.2020, leaving behind Plaintiff and the Defendants as the only Legal Heirs. It is stated that the Plaintiff and the Defendants are siblings and on the death of Late Shri Vasudeva, they are entitled to get the estate of Late Shri Vasudeva. It is stated that Late Shri Vasudeva passed away leaving behind the following Suit Properties: “a) House No