Pradeep & ORS. v. Mahender Singh & ORS.
$~37 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 306/2026 & I.A. 9461/2026, I.A. 9462/2026 PRADEEP & ORS.
.....Plaintiffs Through:
Mr. Abhishek Kaushik, Adv.
Mob: 7985562122 Email: abhikaus5456@gmail.com versus MAHENDER SINGH & ORS.
.....Defendants Through:
Mr. Anupam Kumar Mishra, Adv. for D-1 Mob: 9830333388 & 9051112233 Email:
support@lexisandcompany.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 08.04.2026 CS(OS) 306/2026 1.
The present suit has been filed for partition of the property measuring 600 sq. yards, bearing No. WZ-764, Mohalla Badiyal, Palam Village, New Delhi-110045.
2.
Learned counsel appearing for defendant no. 1 has put in appearance on advance notice, and submits that earlier a suit was filed by defendant no. 1, i.e., CS DJ ADJ 68/19, before the Dwarka Courts, New Delhi. He submits that vide order dated 09th October, 2023, status quo was directed to be maintained with respect to the property therein, which is the same, as the suit property in the present case.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
He submits that the said suit had been filed by defendant no. 1, seeking permanent injunction against the plaintiffs herein, from disturbing the possession of defendant no. 1 in the suit property. 4.
The said suit was decreed vide order dated 15th July, 2025, wherein, the plaintiffs herein made a statement that they shall not dispossess defendant no. 1 herein, without due process of law. The order dated 15th July, 2025 passed in CS DJ ADJ 68/19, is reproduced as under: "
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
"
5.
Learned counsel appearing for defendant no. 1 further submits that the defendant no. 1 has filed a fresh suit being CS DJ ADJ 394/25, wherein, defendant no. 1 has sought prayer for declaration, mandatory and permanent injunction, with respect to the same property, on the grounds that the defendant no. 1 herein is in possession of the suit property for more than thirty-five (35) years, without disturbance. Further, defendant no. 1 also seeks declaration that the defendant no. 1 is the owner of the said suit property. The defendant no. 1 is claiming the possessory rights over the suit property.
6.
Further, another suit being, CS DJ ADJ 1016/25, titled as "Mahender Singh Versus Krishna Devi and Ors.", has been filed against the plaintiffs herein, wherein, the defendant no. 1 is seeking permanent injunction and declaration of his title over the property, which is subject matter of the present suit.
7.
Learned counsel appearing for the plaintiffs admits the fact that defendant no. 1 has filed a suit against the plaintiffs herein, seeking declaration as owner of the suit property on the basis of possessory rights. 8.
If that be the case, the present suit for partition shall not be maintainable before this Court.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
The documents as handed over to this Court by learned counsel for defendant no. 1, are taken on record.
10.
It is to be noted that the present suit has been filed for partition of the very same property, which is subject matter of the proceedings before the Dwarka Courts, New Delhi, wherein, the defendant no. 1 has asserted his proprietary rights over the property in question. 11.
Accordingly, till the issue with regard to title of the suit property is not established, there is no question of the plaintiffs seeking partition of the suit property, when the very title of the suit property is subject matter of adjudication.
12.
At this stage, learned counsel appearing for the plaintiffs submits that he shall withdraw the present suit. He submits that he shall take all the requisite steps and make requisite submissions in the suit, which is already pending.
13.
Accordingly, the present suit is dismissed, as withdrawn. 14.
The pending applications also stand disposed of. MINI PUSHKARNA, J APRIL 8, 2026/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.