NAVEEN NOSHOK KUMAR Vs. HARISH KUMAR

JUDGEMENT

(1.) The present Appeal under Sec. 96 of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"] is preferred against the Judgment/Decree dtd. 18/12/2024 passed by the learned Single Judge in CS(OS) No. 359/2022 captioned Naveen Nishok Kumar & Ors. vs. Harish Kumar. By the Impugned Judgment, the learned Single Judge, while exercising enabling powers under Order XII Rule 6 of the CPC, decreed the suit for declaration and partition of one of four properties. FACTUAL MATRIX

(2.) The broad facts leading to the present Appeal are that the parties are children of Sh. Sahab Chand and his wife, Smt. Kailasho Devi, who passed away on 11/2/1999 and 19/7/2008, respectively. Late Sh. Sahab Chand died intestate, leaving behind six children and a widow, who are his Class-I Legal Heirs. For ease of convenience, a genealogical tree of the family has been reproduced below, denoting the status and rank of the parties before the learned Single Judge in CS(OS) No. 359/2022 as well as before this Court: <IMG>JUDGEMENT_28_LAWS(DLH)9_2025_1.jpg</IMG>

(3.) In November, 2021, the Respondent No.1/Sh. Harish Kumar filed a civil suit bearing CS SCJ No. 1391/2021 for declaration, mandatory and permanent injunction with respect to property being Shop No.1/12, Chhoti Sabzi Mandi, Janakpuri, Delhi admeasuring about 13.5 sq. mtrs. [hereinafter referred to as "Shop No.1/12"] against the Defendants [Plaintiffs in CS (OS) No. 359/2022], before the Court of Senior Civil Judge, West District, Tis Hazari Courts, Delhi.