SMT. SUMITRA AHLAWAT vs SMT. HARDEEP SAINI & ANR.

Judgment text excerpt

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : 29th January, 2026 + RFA 105/2026, CM APPL. 6185/2026 SMT. SUMITRA AHLAWAT Widow of Late Shri Narendra Singh, R/o House No.48, Sector-14, Rohtak, Haryana-1240001. .....Appellant Through: Mr. Trilok Nath Saxena & Dr. Shiv Kumar Tiwari, Advocates. versus 1. SMT. HARDEEP SAINI W/o Shri U. S. Saini, R/o B-103, Westend Heights, DLF Phase-V, Gurugram, Haryana-122009. 2. SHRI PRITHVI RAJ DUA, S/o Late Shri O. P. Dua, SFS Flat No.60, Punjabi Bagh Apartment, Rohtak Road, New Delhi. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) CM APPL. 6184/2026 1. Exemption allowed, subject to all just exceptions. 2. Application stands disposed of. RFA 105/2026 3. Regular First Appeal under Section 96 CPC has been filed on behalf of the Appellant challenging the Judgment and Order dated 26.09.2025 Signature Not Verified Signed By:VIKAS RFA 105/2026 Page 1 of 14 ARORA Signing Date:23.02.2026 16:38:31 wherein Learned District Judge has granted Preliminary Decree of Partition declaring 1/3rd share of each party to the Suit. 4. Plaintiff / Respondent No. 1 / Smt. Hardeep Saini had filed a Suit bearing CS DJ2606/2017 for Partition and Rendition of Accounts, against Defendant No. 1 / Appellant / Smt. Sumitra Ahlawat and Defendant No. 2 / Respondent No. 2 / Sh. Prithvi Raj Dua. The basic averments in the Plaint were that Plaintiff Smt. Hardeep Saini along with Late Sh. Narender Singh (husband of Defendant No.1) and Sh. Prithvi Raj Dua (Defendant No.2) had purchased the Suit Property by virtue of two registered GPAs dated 11.04.2000 and 11.05.2000 aside from Agreement to Sell, Receipt & Will, executed by Sh. Bansi Lal and Sh. Dalip Kumar (erstwhile owners). The Plaintiff was thus, the