Delhi High Court - Orders
Smt. Krishna Madan & Anr vs Smt. Rachna Madan & Ors on 16 December, 2021
Author: Asha Menon
Bench: Asha Menon
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 685/2021
SMT. KRISHNA MADAN & ANR. ..... Plaintiffs
Through: Mr. Mohit Chaudhary, Mr. Kunal
Sachdeva and Ms. Mahima Ahuja,
Advs.
Versus
SMT. RACHNA MADAN & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 16.12.2021 I.A.16774/2021 (for exemption)
1. Allowed, subject to just exceptions.
2. The application stands disposed of.
CS(OS) 685/2021 & I.As. 16773/2021 (of plaintiffs u/O XXXIX R-1&2 CPC for interim relief) & 16775/2021 (of plaintiffs under Section 151 CPC for filing CD and its contents)
3. The plaint be registered as a suit.
4. The suit has been filed for partition, declaration and permanent injunction with respect to properties being property No.232, Block-A, Derawal Nagar, Delhi-110009, measuring 289.92 sq. yds. (hereinafter referred to as "Derawal Nagar Property") and Flat No.234 at Overseas Apartment, C-58/21, Sector 62, Noida, Uttar Pradesh measuring 1200 Sq. ft. (hereinafter referred to as "Noida Property").
5. Mr. Mohit Chaudhary, learned counsel for the plaintiffs submits that the parties are related to each other. The plaintiff No.1 is the mother of plaintiff No.2 and the deceased husband of the defendant No.1. It is CS(OS) 685/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:16.12.2021 17:54:11 submitted that property No.232, Block-A, Derawal Nagar, Delhi-110009, admeasuring 289.92 sq. yds. and Flat No.234 at Overseas Apartment, C- 58/21, Sector 62, Noida, Uttar Pradesh admeasuring 1200 Sq. ft. belonged to Smt. Karam Devi Madan and Smt. Toti Devi respectively and whose children, namely, Sh. Chunni Lal Madan and Smt. Krishna Madan got married, and bore two sons namely Sh. Dinesh Madan and Sh. Umesh Madan. Sh. Umesh Madan has expired on 13th November, 2005 leaving behind the defendants i.e. his wife defendant No.1 and two sons defendants No.2&3, as his legal heirs, as also the plaintiff No.1 his mother.
6. The plaintiff No.2 being the other son of the plaintiff No.1 claims to have received a half undivided share in the Derawal Nagar Property through a Will dated 28th February, 1979 executed by Smt. Karam Devi Madan and the other half share had been bequeathed to his father Sh. Chunni Lal Madan. Sh. Chunni Lal Madan had expired on 12th July, 2012. The present suit has been filed by the plaintiffs claiming that the plaintiff No.1 holds 56.25% undivided share in Derawal Nagar Property and the plaintiff No.2 claims to have 25% undivided share in Derawal Nagar Property and it is submitted that the defendants jointly hold 18.75% undivided share in Derawal Nagar Property.
7. The learned counsel for the plaintiffs submits that the entire family is in occupation of Derawal Nagar Property and a tenant is in occupation of the Noida Property.
8. Issue summons in the suit and notice in the applications to the defendants by all permissible modes, returnable before the Joint Registrar.
9. The summons shall indicate that the written statement(s) to the suit CS(OS) 685/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:16.12.2021 17:54:11 and reply(ies) to the application(s) be filed by the defendant(s) within thirty days from the date of receipt of the summons. The defendant(s) shall also file the affidavit of admission/denial of the document(s) filed by the plaintiff(s), failing which the written statement(s) shall not be taken on record.
10. The plaintiffs are at liberty to file replication(s) to the written statement(s) and rejoinder(s) to the reply(ies) filed by the defendant(s) within thirty days from the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendant(s), failing which the replication(s) shall not be taken on record.
11. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
12. Till the next date of hearing, all parties including the plaintiffs as well as the defendants, shall maintain status-quo qua the title and possession in respect of the suit properties being property No.232, Block-A, Derawal Nagar, Delhi-110009, admeasuring 289.92 sq. yds. and Flat No.234 at Overseas Apartment, C-58/21, Sector 62, Noida, Uttar Pradesh admeasuring 1200 Sq. ft.
13. Provisions of Order XXXIX Rule 3 CPC be complied with.
14. List before the Joint Registrar on 21st March, 2022 for completion of service and pleadings.
15. The order be uploaded on the website forthwith.
ASHA MENON, J.
DECEMBER 16, 2021/'bs' CS(OS) 685/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:16.12.2021 17:54:11