Delhi High Court - Orders
Samakshi Bhatia vs Sanjay Bhatia And Ors on 26 August, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 145/2021 & I.A. 3456/2021(u/S 151 CPC) SAMAKSHI BHATIA ..... Plaintiff Through: Ms. Malavika Rajkotia with Mr. Ravi Avasthi and Ms. Akriti Tyagi, Advocates. versus SANJAY BHATIA AND ORS ..... Defendants Through: Mr. Harish Malhotra, Senior Advocate with Mr. Vikas Arora, Ms. Radhika Arora, Mr. Mohit Dagar and Mr. Piyush Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL ORDER
% 26.08.2022 CS(OS) 145/2021
1. On the basis of the pleadings of the parties, following issues are framed:-
i. Whether the property A-155 New Friends Colony, and shares in Hindustan Tin Works Ltd was part of Hindu Joint Family. OPP ii. Whether the plaintiff are entitled for partition, decree in respect to the property mentioned in Para 7 of the plaint. OPP iii. Whether the plaintiff are entitled for decree for rendition of Accounts against the defendants. OPP iv. Whether the plaintiffs are entitled to a share in all income from business, and movable and immovable properties of the defendant.
OPP
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(OS) 145/2021 Page 119:09:43
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v. Whether the plaintiff is entitled to a decree of Permanent Injunction
qua the suit property. OPP
vi. Whether the plaintiff are entitled to a decree of mesne profit, and if so
at what rate and for what period. OPP
vii. Whether the plaintiff no.1 is a coparcener to the Sanjay Bhatia HUF.
OPP
viii. Whether the daughters of the defendant no.3 are coparceners in the Sanjay Bhatia HUF and if so then whether the suit is liable to be dismissed for non-joinder of party. OPD ix. Whether the suit is maintainable in the present form. OPP x. Relief.
2. Parties to file their list of witnesses within six weeks from today.
3. Affidavit of evidence of the plaintiff's witness be filed within six weeks.
4. List before the Joint Registrar on 1st November, 2022 for fixing dates of trial.
I.A. 3454/2021(O-XXXIX R-1 & 2 of CPC)
5. Senior counsel appearing on behalf of the defendants submits that in view of the fact that the suit property is mortgaged with the Bank, there cannot be any question of the defendants disposing of the suit property.
6. The statement is taken on record.
7. The application stands disposed of with liberty to the plaintiff to approach the Court, if the cause of action so arises.
AMIT BANSAL, J.
AUGUST 26, 2022/at Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 145/2021 Page 219:09:43 Signing Date:26.08.2022 of 2