Virender Mohan Khanna & Anr v. Mohinder Mohan Khanna & Ors

O R D E R %

14.11.2025

¶1The subject matter of the present suit is an immovable property, i.e. a residential house bearing no. C-57, South Extension, Block - II, New Delhi-110049 (hereinafter 'suit property').

¶2In the order passed by this Court on 8th April 2025, a consent order was passed, the relevant extracts from which are reproduced below: "3. Parties jointly agree that there is no dispute that Plaintiff Nos. 1 and 2 together have l/6th share each in the suit property. So also, there is no dispute that Defendant Nos. 1, 2 and 3 independently have 1/6th share each in the suit property. The dispute has arisen between the parties, only with respect to the 1/6 share of late Sh. Surendar Mohan Khanna, who passed away on 26.03.2018.

¶4Defendant No. 1 claims that the 1/6th share of late Sh. Surendar Mohan Khanna has devolved upon him by virtue of Will dated This is a digitally signed order. CS(OS) 767/2022

18.12.2010. So also, Plaintiff No. 2 has a rival contention that the 1/6th share of late Sh. Surendar Mohan Khanna has devolved upon Plaintiff No. 2 and defendant no. 3 jointly by virtue of Will dated

27.07.1997 read with Codicil dated 27.06.2006."

¶3Accordingly, a Local Commissioner was appointed for the sale of the suit property in terms of the aforesaid order.

¶4Counsel for the parties submit that pursuant to the aforesaid order, the suit property has been sold and the respective shares of the parties from the sale proceeds have been paid to the parties to the suit.

¶5The 1/6th share belonging to the deceased sibling of the parties, Late Shri Surender Mohan Khanna, has been deposited in Court. The estate of the Late Sh. Surender Mohan Khanna is the subject matter of TEST.CAS.37/2022.

¶6With the consent of the parties, it is directed that the amount so deposited towards the 1/6th share falling to the share of Late Shri Surender Mohan Khanna shall stand transferred to the file of TEST. CAS. 37/2022, which is pending before this Court. The said amount shall be released as per the orders passed in TEST. CAS. 37/2022.

¶7Accordingly, the Registry is directed to transfer the amount so deposited before this Court in the present suit to the TEST.CAS.37/2022.

¶8In view of the sale of the suit property, a final decree of partition is passed.

¶9Let the decree sheet be drawn up, with this order forming part of the final decree for partition. AMIT BANSAL, J NOVEMBER 14, 2025 Vivek/- This is a digitally signed order.

CS(OS) 767/2022 * IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 9409/2024 IN + CS(OS) 767/2022 VIRENDER MOHAN KHANNA & ANR. .....Plaintiffs Through: Mr. Shubham Saigal, Mr. Siddharth Jain, Ms. Rashi Rampal and Ms. Shruti P. Mishra, Advocates. versus MOHINDER MOHAN KHANNA & ORS. .....Defendants Through: Mr. Saurabh Dev Karan Singh, Mr. Darshan Sejwal and Mr. Dipesh Yadav, Advocates for D-1 to D-3. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL