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Mrs. Veena Jain & Ors vs Mr. Praveen Jain on 7 April, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~S-21
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(OS) 199/2022
                               MRS. VEENA JAIN & ORS.                    ..... Plaintiffs
                                               Through: Mr. Vijay Kumar, Advocate.
                                               versus
                               MR. PRAVEEN JAIN                          ..... Defendant
                                               Through:
                               CORAM:
                               HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                               ORDER

% 07.04.2022 The plaintiffs, who are respectively the wife, daughter and son of late Vinay Kumar Jain (V.K. Jain), who passed away on 17.04.2021, seek a decree of partition in respect of immovable properties and movable assets belonging to late A.K.Jain, the late father, and Nirmala Devi Jain, the late mother, of late Vinay Kumar Jain.

2. Mr. A.K. Jain is stated to have passed away on 27.01.2011; and Mrs. Nirmala Devi Jain passed away on 02.05.2021, i.e. after the passing on of Mr. V.K. Jain.

3. The defendant is stated to be the only sibling of deceased Mr. V.K. Jain, being his real brother.

4. At the outset, it is noticed that the suit has been listed subject to an office objection as to the proper court fee payable on the plaint. Learned counsel appearing for the plaintiffs submits, that as is evident from the prayer made in the suit, the plaintiffs are not seeking the relief of possession in respect of any of the immovable properties; since it is their case, that the plaintiffs' alongwith the defendant are in Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:12.04.2022 CS(OS) 199/2022 Page 1 of 4 12:27:52 joint possession of all immoveable properties. Accordingly, it is submitted that only fixed court fee, as has been duly affixed on the plaint, is payable on the suit at this stage. Counsel however undertakes that, if upon issuance of a decree of partition with consequential reliefs, additional court fee or stamp duty becomes payable, the same shall be duly paid.

5. Learned counsel submits that late A.K. Jain and Nirmala Devi Jain were owners, in possession, of the properties bearing No. C-6/9 First Floor, Safdarjung Development Area, New Delhi and Flat No. B-231, Parshvanath Cooperative Group Housing Society, Plot No. 50, Patparganj, IP Extension, Delhi along with money, jewelry and other movable assets as described in the plaint; all of which, upon the demise of V.K. Jainand his parents, are required to be partitioned with the defendant, who is the sole sibling of late V.K. Jain.

6. Counsel also submits that as a matter of fact, vidé reply dated 23.08.2021 issued by the defendant in response to lawyer's notice dated 09.08.2021 sent by the plaintiffs, the defendant himself states (in para 8 of the reply) that it is the plaintiffs who are in possession of the entire estate of the deceased persons.

7. It is clarified however, that there are some immovable properties, believed to have been received by late A.K. Jain from his father, which are stated to be situate in Gohana, District Sonepat, Haryana; and about which the plaintiffs do not have full knowledge and information; and to that end, the plaintiffs have filed an application under Order II Rule 2 CPC, seeking leave to file an appropriate suit of partition in respect of those properties subsequently.

8. Upon a prima-facie conspectus of averments made in the plaint and the submissions made by counsel, let the plaint be registered as a suit.

9. Issue summons in the suit, returnable 05th September 2022.

10. Upon the plaintiffs taking steps within 10 days, let summons be sent to the defendants by all permissible modes. Let the summons indicate that the defendants are required to file a written statement to the plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiffs. The plaintiffs may file replication, if any, to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants. Copies be exchanged with the opposing counsel.

11. List before the learned Joint Registrar for completion of pleadings, for admission/denial of documents, and for marking of exhibits on 14th July 2022.

12. List before court on 05th September 2022.

I.A.5452/2022 (under Section 151 r/w section 2(12) CPC)

13. In view of the submissions made, as recorded above, issue notice on the application.

14. Upon the plaintiffs taking steps, let notice be sent to the defendants, by all permissible modes, returnable 05th September 2022.

15. Let reply be filed within 04 (four) weeks; rejoinder thereto, if any, be filed within 03 (three) weeks thereafter, with copies to the opposing counsel.

16. List before court on 05th September 2022.

I.A.5453/2022 (under Order XXXIX Rule 1 & 2 CPC)

17. In view of the submissions made, as recorded above, issue notice on the application.

18. Upon the plaintiffs taking steps, let notice be sent to the defendants, by all permissible modes, returnable 05th September 2022.

19. Let reply be filed within 04 (four) weeks; rejoinder thereto, if any, be filed within 03 (three) weeks thereafter, with copies to the opposing counsel.

20. List before the Joint Registrar on 14th July 2022.

21. In the meantime, status quo as to the title and possession of all immovable properties that are subject matter of the suit, be maintained by all parties, till the next date of hearing.

22. List before court on 05th September 2022.

I.A.5454/2022( under Order II Rule 2 CPC)

23. In view of the submissions made, as recorded above, issue notice on the application.

24. Upon the plaintiffs taking steps, let notice be sent to the defendants, by all permissible modes, returnable 05th September 2022.

25. Let reply be filed within 04 (four) weeks; rejoinder thereto, if any, be filed within 03 (three) weeks thereafter, with copies to the opposing counsel.

26. List before court on 05th September 2022.

ANUP JAIRAM BHAMBHANI, J.

APRIL 7, 2022/uj Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:12.04.2022 CS(OS) 199/2022 Page 4 of 4 12:27:52