ASHOK KAMAL & ORS. vs PRABHAT KAMAL GUPTA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 04.05.2026 Pronounced on: 15.05.2026 + FAO(OS) 8/2025, CM APPL. 4959/2025 & CM APPL. 29876/2026 ASHOK KAMAL DECEASED THR LRS & ORS. .....Appellants Through: Mr. Aayush Agarwala & Ms. Utkarshani Srivastava, Advs. versus PRABHAT KAMAL GUPTA & ORS. .....Respondents Through: Mr. Akshay Makhija, Sr. Adv. with Ms. Seerat Deep Singh, Advs./R1 + FAO(OS) 10/2025, CM APPL. 4349/2026, CM APPL. 5891/2026 SHRI PRABHAT KAMAL GUPTA .....Appellant Through: Mr. Akshay Makhija, Sr. Adv. with Ms. Seerat Deep Singh, Advs. versus SHRI ASHOK KAMAL DECEASED THROUGH LRS & OTHERS .....Respondents Through: Mr. Aayush Agarwala & Ms. Utkarshani Srivastava, Advs. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT 1. The present two appeals assail Judgment dated 18.11.2024 passed by the learned Single Judge in I.A. No. 6709/2024 in CS(OS) 109/2016 and the communication dated 04.10.2023 issued by the Registry of this Court directing the parties to pay stamp duty for drawing up the decree in terms of a Memorandum of family settlement dated 25.11.2018 (“Memorandum of family settlement”). Since both appeals arise from the same impugned Signature Not Verified Digitally Signed By:RAHUL FAO(OS) 8/2025 & connected Page 1 of 7 Signing Date:15.05.2026 12:38:29 judgment and involve common issues, they are being decided by this common judgment. 2. The dispute pertains to property bearing No. 10, Friends Colony (West), Mathura Road, New Delhi (hereinafter referred to as “the Property”), which was purchased in the year 1957 by late Sh. Om Prakash Gupta and was treated as part of the Hindu Undivided Family comprising of himself and his two sons, Mr. Prabhat Kamal Gupta and Mr. Ashok Kamal Gupta. Upon his demise on 14.05.19