Virender Mohan Khanna & Anr. Vs Mohinder Mohan Khanna & Ors. — Delhi HC (2025) — LawSathi Research

Virender Mohan Khanna & Anr. Vs Mohinder Mohan Khanna & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final decree of partition passed in respect of the suit property; the amount deposited towards the 1/6th share of Late Shri Surender Mohan Khanna directed to be transferred to TEST.CAS.37/2022 and to be released as per orders passed therein; decree sheet to be drawn up with the order forming part of the final decree for partition.

Issue for consideration

Partition of the suit property, i.e. residential house no. C-57, South Extension, Block - II, New Delhi, among the parties in accordance with their respective shares, culminating in a final decree of partition after sale of the property. +1 more

Court's answer

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

Ratio / Principle

With the consent of the parties, the amount deposited in Court towards the 1/6th share of Late Shri Surender Mohan Khanna is directed to stand transferred to the file of TEST.CAS.37/2022, and shall be released as per the orders passed in that proceeding.

Key takeaways

The Registry is directed to transfer the amount deposited in the present suit to TEST.CAS.37/2022.ratio¶22
The decree sheet is to be drawn up, with this order forming part of the final decree for partition.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J., 14.11.2025) disposed of partition suit CS(OS) 767/2022 by passing a final decree of partition. Pursuant to a consent order dated 8th April 2025 recording that Plaintiff Nos. 1 and 2 and Defendant Nos. 1 to 3 each held an undisputed 1/6th share, and that the dispute was confined to the 1/6th share of late Sh. Surendar Mohan Khanna, the suit property (C-57, South Extension, Block - II, New Delhi) was sold through a Local Commissioner and the parties' shares from the sale proceeds were paid out. The 1/6th share of the deceased, deposited in Court, was, with the consent of the parties, directed to be transferred to TEST.CAS.37/2022, wherein his estate is the subject matter, for release as per the orders passed in that proceeding; the decree sheet was ordered to be drawn up with the order forming part of the final decree for partition. The question of devolution of the deceased's share (Will dated 18.12.2010 v. Will dated 27.07.1997 with Codicil dated 27.06.2006) was left to TEST.CAS.37/2022.

$~22 * 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

O R D E R

% 14.11.2025

The subject matter of the present suit is an immovable property , i.e. a residential house bearing no. C-57, South Extension, Block - II, New Delhi110049 (hereinafter ‘suit property’).

In the order passed by this Court on 8^th 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/6^th share each in the suit property. So also, there is no dispute that Defendant Nos. 1, 2 and 3 independently have 1/6^th 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.

4. Defendant No. 1 claims that the 1/6^th share of late Sh. Surendar Mohan Khanna has devolved upon him by virtue of Will dated

CS(OS) 767/2022

Page 1 of 2

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 19/11/2025 at 14:24:17

18.12.2010. So also, Plaintiff No. 2 has a rival contention that the

1/6^th 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.”

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

Counsel 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.

The 1/6^th 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.

With the consent of the parties, it is directed that the amount so deposited towards the 1/6^th 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.

Accordingly, the Registry is directed to transfer the amount so deposited before this Court in the present suit to the TEST.CAS.37/2022. 8. In view of the sale of the suit property, a final decree of partition is passed.

Let the decree sheet be drawn up, with this order forming part of the final decree for partition.

AMIT BANSAL, J

NOVEMBER 14, 2025

Vivek/-

CS(OS) 767/2022

Page 2 of 2

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 19/11/2025 at 14:24:17