$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 39/2025 & CM APPL. 39316/2025 NEETA SINGAL AND ORS. .....Appellants Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. Jai Girdhar, Mr. Monu Kumar, Mr. Vikas Khatri, Mr. Manas Khatri, Advs. versus RAJEEV SINGAL .....Respondent Through: Mr. Rajat Katyal, Mr. Kamal Bansal, Mr. Anubhav Sharma, Advs. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR O R D E R % 28.07.2026 1. The present appeal is directed against the Judgment dated 19.05.2025 passed by the learned Single Judge in CS(OS) 635/2021 (hereinafter referred to as the “Impugned Judgment”), whereby a preliminary decree of partition came to be passed in respect of the suit properties left behind by Late Sh. Hari Ram Singal. 2. Heard learned counsel for the parties. 3. Learned senior counsel for the appellant submits that paragraph 16 of the Impugned Judgment proceeds on the premise that the relinquishment deed dated 14.03.2023 was referred to in the written statement and that an admission in that regard had been made therein. It is contended that the written statement had originally been sworn in March, 2022, and, therefore, could not possibly have contained any reference to a document executed 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 31/07/2026 at 13:57:34 subsequently. 4. Per contra, learned counsel appearing for the respondent submits that although the written statement had been sworn earlier, it came to be filed before the Court only in the year 2023. 5. We have perused the written statement placed on record. Primafacie, we do not find any reference therein to the relinquishment deed dated 14.03.2023. It, therefore, appears that the learned Single Judge proceeded under a misconception with regard to the relevant factual position while recording the observations contained in paragraph 16 of the Impugned Judgment. 6. In the aforesaid circumstances, without expressing any opinion on the merits of the submissions made, we deem it appropriate to set aside the Impugned Judgment dated 19.05.2025. The appeal is, accordingly, allowed. 7. The matter is remanded back to the learned Single Judge for a fresh consideration of the application, after affording an opportunity of hearing to the parties, and for passing an appropriate order in accordance with law. 8. It is clarified that all rights and contentions of the parties are kept open to be urged before the learned Single Judge, who shall decide the matter uninfluenced by any observations contained in this order. 9. Pending application(s), if any, shall also stand disposed of. VIVEK CHAUDHARY, J RENU BHATNAGAR, J JULY 28, 2026/r/ss 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 31/07/2026 at 13:57:34