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Pradeep Rammohan Chawla Through: Its ... vs State Nct Of Delhi & Ors on 26 November, 2021

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~27
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      TEST.CAS. 103/2021 & I.A. 15481/2021
                                 PRADEEP   RAMMOHAN    CHAWLA       THROUGH:            ITS
                                 CONSTITUTED POWER OF ATTORNEY HOLDER MR ASIF
                                 FARAZ                                     ..... Petitioner
                                             Through: Ms. Naomi Chandra, Advocate.

                                                   versus

                               STATE NCT OF DELHI & ORS.                 ..... Respondents
                                              Through: Ms. Saumya Tandon and Ms. Kavita
                                                       Nailwal, Advocates for Respondent
                                                       No. 1.
                               CORAM:
                               HON'BLE MR. JUSTICE SANJEEV NARULA
                                        ORDER

                          %             26.11.2021
                          [VIA HYBRID MODE]

1. The Petitioner [viz. Sh. Pradeep Rammohan Chawla] has approached this Court under Section 278 of the Indian Succession Act, 1925, seeking Letters of Administration in respect of the estate of late Ms. Sumati Kumari Mehta, who according to the Petitioner, has died intestate. The Respondents No. 2 & 3 [viz. Sh. Rahul Mehra and Smt. Shalini Smith] are the legal heirs of late Sh. Krishan Chawla, who was the brother of the deceased. Respondent No. 4 [viz. Sh. Ashok Kumar Chawla] is the brother of the deceased.

2. Issue notice. Ms. Saumya Tandon, Advocate accepts notice on behalf of Respondent No. 1 [viz. State (NCT of Delhi)].

3. Issue notice to the Sub Divisional Magistrate (SDM) Chief Controlling Revenue Authority (CCRA) of the district for submitting a report regarding the valuation of the estate of the deceased for which the Letters of Administration are sought, as mentioned in the List of Assets annexed to the Petition, within six weeks of service.

4. Counsel for Petitioner is directed to furnish the addresses of the concerned SDM/ CCRA of the concerned district.

5. Citation be also published in newspapers - Statesman (in English) and Jansatta (in Hindi); as well as by affixation on the Notice Board of concerned District Court and this Court. Citations to be filed with the Registry before the next date of hearing.

6. List before the Joint Registrar on 25th March, 2022 for service and completion of pleadings.

I.A. No. 15479/2021 (seeking urgent interim reliefs) and I.A. No. 15480/2021 (for appointment of local commissioner)

7. Considering the fact that the special jurisdiction of this Court is invoked under the Indian Succession Act, 1925 - the relief sought under the present applications is not maintainable. Letter of Administration acts as a facilitating document to administer the estate of the deceased. This court cannot go into the title disputes in the present proceedings.

8. In view of the above, the present applications are dismissed. However, Petitioner is not precluded to take recourse to a civil suit for obtaining relief necessary for the protection of the properties in question.

The Petitioner herein would therefore be at liberty to invoke appropriate proceedings under law.

SANJEEV NARULA, J NOVEMBER 26, 2021 as Signature Not Verified Digitally Signed TEST.CAS. 103/2021 Page 3 of 3 By:SAPNA SETHI Signing Date:29.11.2021 12:15