Extracted from the PDF above. The PDF is authoritative.
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 189/2025 MOHD FAROOQ AND ANR .....Plaintiffs Through: Ms. Poorna, Adv. versus MOHD RASHID AND ANR .....Defendants Through: Ms. Shaziya, Adv. for D-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 05.01.2026 I.A. 33041/2025 (under Order XXIII Rule 3 r/w Section 151 CPC for passing of final decree in terms of Settlement dated 24.07.2025)
1. The present application has been filed praying for passing of final decree of partition.
2. Ms. Poorna, learned counsel for the plaintiffs invites attention of the Court to the decree dated 11.08.2025 to contend that the said decree is a preliminary decree, however, this Court finds that the suit itself was
disposed of by an order dated 11.08.2025.
3. She submits that since the property had not been divided/partitioned by metes and bounds, therefore, the decree passed is to be considered as a preliminary decree.
4. In view of the above, issue notice. Ms. Shaziya, learned counsel for defendant no.2 accepts notice. 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 06/01/2026 at 12:35:28
5. On plaintiffs taking steps, issue notice to defendant no.1/non- applicant, by all permissible modes, returnable on 10.03.2026, before the learned Joint Registrar.
6. Reply to the application be filed within a period of four weeks.
7. Rejoinder thereto, if any, be filed within four weeks thereafter.
VIKAS MAHAJAN, J JANUARY 5, 2026/dss 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 06/01/2026 at 12:35:28