Delhi High Court - Orders
Anjana Kumar vs Vivek Goel & Anr on 25 May, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 290/2022 & I.As. 7978/2022, 7979/2022
and 7980/2022
ANJANA KUMAR ..... Plaintiff
Through: Mr. Anant Sagar and Ms. Ravleen
Kaur, Advs.
versus
VIVEK GOEL & ANR. ..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 25.05.2022 IA. 7979/2022 Exemption allowed subject to all just exceptions. Application stands disposed of.
IA. 7980/20221. This application has been filed by the applicant / plaintiff seeking condonation of 30 days delay in re-filing the suit.
2. For the reasons stated in the application, delay in re-filing is condoned.
3. Application stands disposed of.
CS(OS) 290/2022
4. The plaint be registered as a suit.
5. Issue summons on the suit to the defendants returnable before Joint Registrar on August 10, 2022.
Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:28.05.2022 19:00:33 IA. 7978/20226. The present suit has been filed by the plaintiff seeking partition of the property being 53, BD Estate, Timarpur, Delhi (suit property) on the ground that the same was purchased by the grandfather of the plaintiff (Late Banarsi Das Goel) on December 9, 1958.
7. On February 17, 1974, the grandfather of the plaintiff died intestate leaving behind his wife and three sons namely, Rajender Swarup Goel, Devender Swarup Goel and Virender Swarup Goel as his successors.
8. On February 20, 1986, Smt. Parmeshwari Devi w/o Late Banarsi Dass Goel executed a relinquishment deed thereby relinquishing her right in the suit Property in favour of her three sons equally. Thereafter, three sons (brothers) partitioned the said property vide partition deed dated December 19, 1986.
9. As per the said partition deed Devender Swarup Goel (Father of the plaintiff) got 1/3rd share (i.e. 122.66 Sq. yds. approximately) out of total land measuring 368 Sq. Yards. and proportionately super structure built upon the said land.
10. Devender Swarup Goel died intestate on February 1, 2020 leaving behind his wife, Smt. Saroj Goel as well as the plaintiff and defendant No.l and defendant No.2 as his legal heirs. On March 14, 2020 the mother of the parties Smt. Saroj Goel expired.
11. It is the case of the plaintiff that she requested the defendants to partition the suit property by metes and bounds which request was not acceded to.
12. The plaintiff had filed a suit for partition being CS No. 324/2020, before the Ld. ADJ, Central, Tis Hazari Court, Delhi. The said plaint was Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:28.05.2022 19:00:33 returned under Order 7 Rule 10 of CPC on the ground that that the plaintiff has valued the suit @ Rs. 5.30 Crores, which is beyond the pecuniary jurisdiction of the Court concerned. Accordingly, the plaintiff had filed the present suit.
13. Learned counsel for the plaintiff informs, that the parties, i.e., the plaintiff and the defendants are in possession of the suit property. He has drawn my attention to Page 51 of the documents which is a site plan to state, the parties, i.e., the plaintiff and the defendants are in possession of the green area of the site plan.
14. If that be so, issue notice on this application to the defendants returnable before Court on August 1, 2022.
15. Till the next date of hearing, parties shall maintain status quo with regard to title and possession of the suit property admeasuring 122.66 Sq. yds., i.e., the green area as depicted in the site plan at page 51 of documents.
16. The provision of Order XXXIX Rule 3 be complied within one week.
V. KAMESWAR RAO, J MAY 25, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:28.05.2022 19:00:33