Delhi High Court - Orders
Amita Sachdeva vs Neena Bathla & Ors on 28 April, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 236/2022
AMITA SACHDEVA ..... Plaintiff
Through: Mr. Sachin Wadhwa with Mr. Vikas
Dudeja, Advocates.
versus
NEENA BATHLA & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 28.04.2022
CS(OS) 236/2022
1. Let the plaint be registered as a suit.
2. Issue summons to the defendants in the suit through all modes.
3. Written statement(s) shall be filed within thirty days from the receipt of summons. Along with the written statement(s), the defendants shall also file an affidavit of admission/denial of the documents of the plaintiff.
4. Liberty is granted to the plaintiff to file replication to the written statement(s) within two weeks from the receipt of the written statement(s). Along with the replication filed by the plaintiff, an affidavit of admission/denial of the documents of the defendants be filed by the plaintiff.
5. List before the Joint Registrar on 28th July, 2022 for completion of service and pleadings.
6. List before the Court on 20th September, 2022. IA No.6489/2022(u/O.XXXIX R.1&2 CPC)
7. This suit has been filed seeking the relief of partition along with other Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:29.04.2022 12:18:43 ancillary reliefs. It is stated in the plaint that the plaintiff and the defendants no. 1 and 2 are daughters of late Smt. Indra Chhabra and the defendant no.3 is the son of late Smt. Indra Chhabra. Smt. Indra Chhabra died intestate on 28th February, 2021 leaving behind the plaintiff and the defendants as the only Class I legal heirs. The property bearing no. B-3/67, Safdarjung Enclave, New Delhi-110029 was owned by the mother of the parties besides other bank accounts etc. Accordingly, the plaintiff claims one-fourth share in the suit property.
8. Issue notice.
9. Notice be issued to the defendants through all modes.
10. Reply to the application be filed within four weeks from the receipt of notice.
11. Rejoinder thereto, if any, be filed within two weeks thereafter.
12. Based on the averments in the plaint, the plaintiff has made out a prima facie case for grant of ex parte ad interim injunction.
13. Consequently, the parties are directed to maintain status quo with regard to the title and possession of the suit property till the next date of hearing.
14. Compliance under Order XXXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) be done within three days from today.
15. List before the Joint Registrar on 28th July, 2022 for completion of service and pleadings.
16. List before the Court on 20th September, 2022.
AMIT BANSAL, J APRIL 28, 2022 ak Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:29.04.2022 12:18:43