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Petition to re view the decree and judgement

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

1. Neha Sharma
W/o: [Not specified], Religion: Hindu, Aged about 34 years,
R/o: 456, Rose Avenue, New Delhi

2. Ramesh Lal
S/o: [Not specified], Religion: Hindu, Aged about 40 years,
R/o: 789, Lotus Enclave, New Delhi

3. Rajeev Mehta
S/o: [Not specified], Religion: Hindu, Aged about 38 years,
R/o: 101, Sunrise Colony, New Delhi

4. Vijay Sharma – Respondent / Defendant
S/o: [Not specified], Religion: Hindu, Aged about 45 years,
R/o: 88, Yamuna Nagar, New Delhi

5. Sunil Khanna
S/o: [Not specified], Religion: Hindu, Aged about 50 years,
R/o: 22, Nehru Place, New Delhi

…Respondents/Plaintiffs

Petition filed on behalf of the petitioner/ appellant under Or. 47 R. 1 and 2  and 151 of CPC.

Description of the Petitioner/Plaintiff:
Arjun Kumar, S/o Ramesh Kumar, Religion: Hindu,
Aged about 35 years,
Resident of: 123, Green Park, New Delhi.
Address for service is as stated above.

The petitioner respectfully submits as follows:

  1. The suit was filed by the petitioner seeking partition into 3 equal shares and to allot one such share to the petitioner.
  2. Respondents 4 and 5 are only tenants in the suit property and do not hold any ownership rights or share in the property.
  3. However, by mistake, the Hon’ble Court passed a decree allotting 1/5th share to each of the five parties, including Respondents 4 and 5. This is a clear error apparent on the face of the record, as tenants cannot be treated as co-owners.
  4. The petitioner humbly submits that the Hon’ble Court committed an inadvertent mistake in treating all five parties as co-sharers.
  5. In view of the above, the petitioner prays that the Hon’ble Court may be pleased to:
    • Review the judgment and decree dated 20/04/2024 in O.S. No. 1024/2024,
    • Correct the shares from 1/5th each to 1/3rd each to the rightful co-owners,
    • Allot 1/3rd share to the petitioner/plaintiff,
    • And pass such other orders as the Hon’ble Court deems fit and proper in the interest of justice.

Place: New Delhi
Date: 06/06/2025

Advocate for Petitioner
Petitioner/Plaintiff: Arjun Kumar

I, Arjun Kumar, do hereby declare that the facts stated above are true and correct to the best of my knowledge, belief, and information.

Petitioner

Note:

  • Revision lies if the petition is rejected.
  • Appeal lies when the petition is allowed.