Delhi High Court - Orders
Suresh Kumari And Another vs Ravinder Pal Singh And Ors on 24 May, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 303/2023
SURESH KUMARI AND ANOTHER
..... Plaintiffs
Through: Ms. Vatsala Chauhan, Adv. (Through
VC)
versus
RAVINDER PAL SINGH AND ORS.
..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 24.05.2023 I.A. No. 9441/2023 (exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.
CS(OS) 303/2023
1. Let the plaint be registered as a suit.
2. Issue summons in the suit.
3. Upon the plaintiffs taking steps within 10 days, let summons be sent to the defendants through all permissible modes. Let the summons indicate that the defendants are required to file 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 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 25/09/2023 at 04:16:56 file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants.
4. List before the Joint Registrar (Judicial) for completion of pleadings, for admission/denial of documents and marking of exhibits on 11.07.2023.
5. List before Court on 21.09.2023.
I.A. No. 9440/2023 (for Interim Injunction)
6. Issue notice to the defendants, on the plaintiffs taking steps, through all permissible modes, including electronically, returnable on the next date of hearing.
7. Let reply be filed within four weeks; rejoinder thereto, if any, be filed within two weeks thereafter.
8. The present suit has been filed on the averment that the plaintiffs and the defendants are the successors-in-interest of late Chaudhary Kehar Singh, who was the recorded owner of land forming part of Khasra No. 169/5/3 Min measuring 30535 sq. yds. along with Chaudhary Umrao Singh. Further late Chaudhary Kehar Singh, besides being the owner of the aforesaid land, is also stated to be the owner of a number of residential houses situated in Pahari Dhiraj, Sadar Bazar, Delhi, bearing house Nos. 4584, 4583, 4582, 4577, 5031 and 7116 alongwith agricultural plots of land situated in Village Sultanpur Dabas, Delhi to the extent of 5/18 shares.
9. The subject matter of the present suit is aforesaid residential houses, herein after referred to as "suit properties".
10. It is averred that the suit properties were inherited by the predecessor-in-interest of the plaintiffs and defendant no.4, namely, Sh. Chand Kiran Singh, along with the predecessor-in-interest of the defendant 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 25/09/2023 at 04:16:56 nos. 1 to 3, namely Sh. Harpal Singh, in equal shares by virtue of a registered Will left behind by Sh. Kehar Singh dated 15.01.1957.
11. It is further averred that the predecessor-in-interest of the defendant 1 to 3 during his lifetime never partitioned the suit properties by metes and bounds with Sh. Chand Kiran Singh or with the plaintiffs, and consequently, the suit properties are the joint properties of the parties. It is also averred that the plaintiffs along with defendant no. 4 are the owners to the extent of ½ share in the suit properties having inherited the share of late Sh. Chand Kiran Singh and similarly the defendant nos. 1 to 3 are allegedly the owners having succeeded the ½ share of late Sh. Harpal Singh.
12. It is averred that, when plaintiffs sought partition of the suit property from the defendant nos. 1 to 3, the defendant no. 1 claimed that the suit properties bearing House No. 4582, 4583, 4584, 4577, 5031 and 7115 exclusively belong to the defendant no.1 to 3 on the basis of alleged Will left by late Sh. Harpal Singh. It is submitted that it was not possible for late Sh. Harpal Singh to bequeath the share of the plaintiffs and defendant no.4 in the suit properties to the defendant no.1 to 3 in as much as the suit properties are joint properties, and that the alleged will of Sh. Harpal Singh is null and void.
13. It is submitted that there is apprehension that third party rights may be created in respect of the suit properties which will cause irreparable loss to the plaintiff.
14. Having heard the submissions made by learned counsel for the plaintiff, it is directed that till the next date of hearing, status quo shall be maintained with regard to the title and possession of the suit properties.
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 25/09/2023 at 04:16:57
15. Let compliance with Order XXXIX Rule 3 CPC be done within a period of seven days.
16. List before the Joint Registrar (Judicial) on 25.07.2023.
17. List before Court on 21.09.2023.
SACHIN DATTA, J MAY 24, 2023/ssc 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 25/09/2023 at 04:16:57