SHEETAL YADAV @ KOYAL vs SWAPNIL YADAV @ SONU & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th MARCH, 2026 IN THE MATTER OF: I.A. 10757/2023 IN + CS(OS) 190/2023 SHEETAL YADAV @ KOYAL .....Plaintiff Through: Mr. Nitin Bhardwaj, Mr. Rohit Pratap Singh, Advocates versus SWAPNIL YADAV @ SONU & ORS. .....Defendants Through: Mr. Harvinder Singh, Advocate for D-1 & D-2 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 10757/2023 1. The present application under Order VII Rule 11 of the Code of Civil Procedure, 1908 [“CPC”], has been filed on behalf of the Defendants No.1 & 2 for rejection of the Plaint on the ground that the Suit is not maintainable as it is barred by law and also does not show any cause of action. 2. The present Suit has been filed by the Plaintiff seeking partition, mandatory and permanent injunctions, rendition of accounts and mesne profits in respect of several immovable properties situated in Village Kapashera, Delhi. The parties to the Suit belong to the same family and are the legal heirs of Late Sh. Chandan Singh Yadav. 3. To adjudicate the present Application it is necessary to bring out the Signature Not Verified Signed By:PRATEEK CS(OS) 190/2023 Page 1 of 21 Signing Date:24.03.2026 15:59:10 Plaint averments to see as to whether the Plaint is liable to be rejected under Order VII Rule 11 of the CPC or not. The averments in the Plaint are as under: a. Late Sh. Chandan Singh Yadav was the son of Late Sh. Shri Ram, who was the common ancestor of the parties and owner of various ancestral properties situated in the revenue estate of Village Kapashera, Delhi. It is stated that during the lifetime of Late Sh. Shri Ram, the ancestral properties were amicably partitioned among his legal heirs pursuant to a family settlement deed dated 18.01.2000, whereby Late Sh. Chandan Singh