Mr. Naveen and Mr. Harsh Gulia, vs Plaintiff in person

O R D E R 25.04.2025

1. The captioned suit has been filed for partition of the suit land, the details of which are set out in paragraph ‘5’ of the plaint and at prayer clause (a) of the plaint. The paragraph ‘5’ of the plaint and prayer clause (a) of the plaint reads as under: “5. That the plaintiff and the defendant are the Joint and Co-owner and in possession of property and are enjoying the joint possession of the undivided family property admeasuring 3 8 Bighas 01 Biswas out of khasra nos. 11/25/2, 12/21, 22, 23/2, 24/5, 6, 187/4, 5, 188//1 situated in revenue estate of village Bawana, Delhi. ….. a) Pass a decree of Partition, thereby partition the suit property i.e., ½ share out of 38 Bighas 01 Biswas out of khasra nos. 11/25/2, 12/21, 22, 23/2, 24/5, 6, 187/4, 5, 188//1 situated in revenue estate of village Bawana, Delhi, as shown in colour RED in the site plan, by metes and bounds giving ½ share to the Plaintiff, in the interest of justice;”

1.1. It is stated that the suit land originally stood mutated in the name of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 1 of 4 Sh. Tek Chand (who is the grandfather of the parties) in the revenue records. It is stated that after the death of Sh. Tek Chand, the property devolved upon his widow Smt. Ram Pyari and his only son late Sh. Ram Gopal (father of the parties herein).

1.2. It is stated that late Sh. Ram Gopal was married to late Smt. Nirdosh and had three (3) sons i.e., Plaintiff, Defendant and Sh. Sanjay.

1.3. It is stated that Smt. Ram Pyari, the widow of late Sh. Tek Chand passed away and her share devolved upon her only son late Sh. Ram Gopal (father of the parties herein). It is stated that in this manner late Sh. Ram Gopal became the sole owner of the suit land.

1.4. It is stated that late Sh. Ram Gopal, his wife Smt. Nirdosh and brother of the parties herein i.e., Sh. Sanjay have since passed away.

1.5. It is stated that Sh. Sanjay was unmarried and issue-less and therefore, his share has also devolved upon the Plaintiff and Defendant.

1.6. It is stated that in this manner, the Plaintiff and Defendant are the only surviving lineal descendants of late Shri Ram Gopal and are entitled to ownership of the suit land.

1.7. It is stated that even today, in the revenue records, the suit land stands mutated in favour of late Sh. Ram Gopal (father of the parties) and late Smt. Ram Pyari (the grandmother of the parties).

1.8. It is stated that Village Bawana, where the suit land is situated has been notified as an urban village.

2. The plaintiff who is present in person states that he had applied for mutation after the death of late Sh. Ram Gopal, however, the mutation application has not been processed and has been pending before the concerned authorities. The Plaintiff states that he was compelled to approach This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 2 of 4 this Court since, the Defendant had stopped communicating with Plaintiff and the Plaintiff was desirous of partition by metes and bounds. He states that Plaintiff and D efendant are the only legal heirs of late Shri Ram Gopal.

3. I.A. 10548/2025 has now been filed by the parties under Order XXIII Rule 3 CPC, seeking consent decree, which is supported by the affidavit of the parties, placing on record two (2) maps, stating that the parties have decided to partition the suit land by metes and bounds as depicted in the site plans bearing the date i.e., 13.12.2024 and drawn by the draughtsman Mr. Mukul Kumar Sharma. It is stated that the areas marked in ‘blue’ have fallen to share of Plaintiff and the areas marked as ‘red’ have fallen to the share of the Defendant.

4. Learned counsel for the Plaintiff states that the original of the said two (2) maps duly signed by the Plaintiff and Defendant, authenticated by the advocates, will be handed over to the Court Master. The Court Master is directed to take the same on record and have the same placed with the registry.

5. The plaintiff and defendant are present in Court and this Court has interacted with them.

5.1. They state that except the Plaintiff and Defendant there is no other legal heir of late Sh. Tek Chand and therefore, they are absolutely entitled to 50% ownership each of the suit land. They further state that they are satisfied with the partition as depicted in the two (2) maps filed.

6. In view of the fact noted hereinabove, the application is accepted and allowed. The suit land stands partitioned by metes and bounds between the parties as depicted in the two maps. The parties will be absolute owners of the Khasras which have fallen to their share without any interference from This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 3 of 4 the opposite party. The land falling in Khasras marked in Blue shall be owned and possessed by the plaintiff exclusively. The land falling in Khasras marked in Red shall be owned and possessed by the Defendant exclusively. The suit is decreed in terms of the settlement arrived at between the parties. The maps marked as ‘Ex. C-1’ and ‘Ex. C-2’ and the same shall form part of the decree.

6.1. The parties will be at liberty to approach the revenue authorities for having mutation carried out in their names with respect to separate Khasra numbers, which have now fallen to their respective shares.

6.2. The mutation authorities are directed to dispose of the application within four (4) weeks from receipt, in accordance with law.

7. With the aforesaid directions the application I.A. 10548/2025 stands disposed of.

9. Pending applications stand disposed of. All future dates stand cancelled. APRIL 25, 2025/msh MANMEET PRITAM SINGH ARORA, J Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 4 of 4

O R D E R 25.04.2025

1. The captioned suit has been filed for partition of the suit land, the details of which are set out in paragraph ‘5’ of the plaint and at prayer clause (a) of the plaint. The paragraph ‘5’ of the plaint and prayer clause (a) of the plaint reads as under: “5. That the plaintiff and the defendant are the Joint and Co-owner and in possession of property and are enjoying the joint possession of the undivided family property admeasuring 3 8 Bighas 01 Biswas out of khasra nos. 11/25/2, 12/21, 22, 23/2, 24/5, 6, 187/4, 5, 188//1 situated in revenue estate of village Bawana, Delhi. ….. a) Pass a decree of Partition, thereby partition the suit property i.e., ½ share out of 38 Bighas 01 Biswas out of khasra nos. 11/25/2, 12/21, 22, 23/2, 24/5, 6, 187/4, 5, 188//1 situated in revenue estate of village Bawana, Delhi, as shown in colour RED in the site plan, by metes and bounds giving ½ share to the Plaintiff, in the interest of justice;”

1.1. It is stated that the suit land originally stood mutated in the name of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 1 of 4 Sh. Tek Chand (who is the grandfather of the parties) in the revenue records. It is stated that after the death of Sh. Tek Chand, the property devolved upon his widow Smt. Ram Pyari and his only son late Sh. Ram Gopal (father of the parties herein).

1.2. It is stated that late Sh. Ram Gopal was married to late Smt. Nirdosh and had three (3) sons i.e., Plaintiff, Defendant and Sh. Sanjay.

1.3. It is stated that Smt. Ram Pyari, the widow of late Sh. Tek Chand passed away and her share devolved upon her only son late Sh. Ram Gopal (father of the parties herein). It is stated that in this manner late Sh. Ram Gopal became the sole owner of the suit land.

1.4. It is stated that late Sh. Ram Gopal, his wife Smt. Nirdosh and brother of the parties herein i.e., Sh. Sanjay have since passed away.

1.5. It is stated that Sh. Sanjay was unmarried and issue-less and therefore, his share has also devolved upon the Plaintiff and Defendant.

1.6. It is stated that in this manner, the Plaintiff and Defendant are the only surviving lineal descendants of late Shri Ram Gopal and are entitled to ownership of the suit land.

1.7. It is stated that even today, in the revenue records, the suit land stands mutated in favour of late Sh. Ram Gopal (father of the parties) and late Smt. Ram Pyari (the grandmother of the parties).

1.8. It is stated that Village Bawana, where the suit land is situated has been notified as an urban village.

2. The plaintiff who is present in person states that he had applied for mutation after the death of late Sh. Ram Gopal, however, the mutation application has not been processed and has been pending before the concerned authorities. The Plaintiff states that he was compelled to approach This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 2 of 4 this Court since, the Defendant had stopped communicating with Plaintiff and the Plaintiff was desirous of partition by metes and bounds. He states that Plaintiff and D efendant are the only legal heirs of late Shri Ram Gopal.

3. I.A. 10548/2025 has now been filed by the parties under Order XXIII Rule 3 CPC, seeking consent decree, which is supported by the affidavit of the parties, placing on record two (2) maps, stating that the parties have decided to partition the suit land by metes and bounds as depicted in the site plans bearing the date i.e., 13.12.2024 and drawn by the draughtsman Mr. Mukul Kumar Sharma. It is stated that the areas marked in ‘blue’ have fallen to share of Plaintiff and the areas marked as ‘red’ have fallen to the share of the Defendant.

4. Learned counsel for the Plaintiff states that the original of the said two (2) maps duly signed by the Plaintiff and Defendant, authenticated by the advocates, will be handed over to the Court Master. The Court Master is directed to take the same on record and have the same placed with the registry.

5. The plaintiff and defendant are present in Court and this Court has interacted with them.

5.1. They state that except the Plaintiff and Defendant there is no other legal heir of late Sh. Tek Chand and therefore, they are absolutely entitled to 50% ownership each of the suit land. They further state that they are satisfied with the partition as depicted in the two (2) maps filed.

6. In view of the fact noted hereinabove, the application is accepted and allowed. The suit land stands partitioned by metes and bounds between the parties as depicted in the two maps. The parties will be absolute owners of the Khasras which have fallen to their share without any interference from This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 3 of 4 the opposite party. The land falling in Khasras marked in Blue shall be owned and possessed by the plaintiff exclusively. The land falling in Khasras marked in Red shall be owned and possessed by the Defendant exclusively. The suit is decreed in terms of the settlement arrived at between the parties. The maps marked as ‘Ex. C-1’ and ‘Ex. C-2’ and the same shall form part of the decree.

6.1. The parties will be at liberty to approach the revenue authorities for having mutation carried out in their names with respect to separate Khasra numbers, which have now fallen to their respective shares.

6.2. The mutation authorities are directed to dispose of the application within four (4) weeks from receipt, in accordance with law.

7. With the aforesaid directions the application I.A. 10548/2025 stands disposed of.

9. Pending applications stand disposed of. All future dates stand cancelled. APRIL 25, 2025/msh MANMEET PRITAM SINGH ARORA, J Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/04/2025 at 14:56:32 CS(OS) 834/2024 Page 4 of 4