Bharat Bhushan Chauhan & Ors vs Yudhbir Singh Chauhan & Ors on 11 September, 2020

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Delhi High Court - Orders

Bharat Bhushan Chauhan & Ors vs Yudhbir Singh Chauhan & Ors on 11 September, 2020

Bench: Mukta Gupta

                                      $~2
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +      CS(OS) 259/2020

                                             BHARAT BHUSHAN CHAUHAN & ORS.            ..... Plaintiff
                                                     Represented by: Mr.Shekhar Gupta, Advocate.

                                                                versus

                                             YUDHBIR SINGH CHAUHAN & ORS.                        ..... Defendants
                                                      Represented by: None.
                                             CORAM:
                                             HON'BLE MS. JUSTICE MUKTA GUPTA
                                                                ORDER

% 11.09.2020 The hearing has been conducted through Video Conferencing. I.A. 8041/2020 (exemption from filing original documents/clear copies)

1. Allowed, subject to all just exceptions.

2. Original documents, if any, be filed within two weeks of the resumption of the normal functioning of the Court.

3. Application is disposed of.

I.A. 8042/2020 (exemption from filing supporting affidavits apostilled)

1. By this application, plaintiffs seek exemption from getting the supporting affidavits apostilled which are attached with the plaint and applications.

2. Learned counsel for the plaintiffs states that all the plaintiffs in the suit are residents of Canada and their affidavits have been duly attested by the Notary Public at Canada however, the requirement of the Registry is for apostilling the affidavits from the concerned High Commission, which is not possible at the moment.

Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(OS) 259/2020 Page 1 of 3

Signing Date:11.09.2020 21:21:15 This file is digitally signed by PS to HMJ Mukta Gupta

3. Apostilled affidavits will be filed within 12 weeks.

4. Application is disposed of.

CS(OS) 259/2020 I.A. 8040/2020 (under Order XXXIX Rule 1 and 2 CPC)

1. Plaint be registered as a suit.

2. Issue summons in the suit and notice in the application to the defendants on the plaintiffs taking steps through email, whatsapp, speed post and courier, returnable before this Court on 21st January, 2021.

3. On receipt of the summons in the suit and notice in the application, written statement and reply affidavit to the application along with affidavit of admission/denial be filed within 30 days.

4. Replication and rejoinder affidavit be filed within three weeks thereafter along with affidavit of admission/denial.

5. Plaintiffs have filed the present suit seeking partition and injunction in relation to three properties wherein the plaintiffs collectively seek 1/3rd share. The suit properties are three in number, that is, (i) land admeasuring 787.50 sq. yds. comprised in Khasra No. 111, situated in the revenue estate of Village Khirki, New Delhi; (ii) land admeasuring (675 sq. yds.) comprised in Khasra No.2245/113, situated in the revenue estate of Village Khirki, New Delhi; and (iii) residential house built on a plot of land bearing property No. 36, Abadi, Lal Dora, Village Khirki, New Delhi, admeasuring 85 sq.yds.

6. The suit properties initially belong to one Mohan Lal who was survived by two sons namely Balram Singh Chauhan and Bhagwant Singh Chauhan. Bhagwant Singh Chauhan died issueless whereas Balram Singh Chauhan was survived by four sons namely Ram Chander Chauhan, Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(OS) 259/2020 Page 2 of 3 Signing Date:11.09.2020 21:21:15 This file is digitally signed by PS to HMJ Mukta Gupta Raghubir Singh Chauhan, Shanti Swarup Chauhan and Shtrughan Chauhan. Out of the four sons of Balram Singh Chauhan, Satrughan Chauhan died before being married and issueless who had also executed a Will in respect of his share in favour of his three brothers namely Ram Chander Chauhan, Raghubir Singh Chauhan and Shanti Swarup Chauhan/their family members. Thus the share of Sathrughan also devolved on the three brothers.

7. Plaintiffs are the legal heirs of Raghubir Chauhan and defendant Nos.1 to 7 are the legal heirs of Ram Chander Chauhan whereas the defendant Nos.8 to 11 are the legal heirs of Shanti Swarup Chauhan. Thus all the three branches are entitled to 1/3rd share each in the suit properties.

8. Considering the averments in the plaint and the documents filed and that the suit properties are required to be preserved, during the pendency of the present application i.e. I.A. 8040/2020 (under Order XXXIX Rule 1 and 2 CPC), the parties are directed to maintain status quo as to the title, possession and construction of the suit properties till the next date of hearing.

9. Compliance under Order XXXIX Rule 3 CPC be made within one week.

10. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

SEPTEMBER 11, 2020 'vn' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(OS) 259/2020 Page 3 of 3 Signing Date:11.09.2020 21:21:15 This file is digitally signed by PS to HMJ Mukta Gupta

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Delhi High Court - Orders