Delhi High Court - Orders
Smt. Shampa Ghosh vs Shri Alok Kumar Dey & Ors on 25 November, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 376/2020
I.A.11047/2020 (under Order XXXIX Rule 1 and 2 CPC)
SMT. SHAMPA GHOSH ..... Plaintiff
Represented by: Mr. Sarvendra Mani Tripathi,
Advocate.
versus
SHRI ALOK KUMAR DEY & ORS. ..... Defendant
Represented by: Mr. Dibyaduti Banerjee, Adv. for
D-1.
Mr. Anshu Mahajan, Adv. for D-3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 25.11.2020 The hearing has been conducted through Video Conferencing.
1. Plaint be registered as suit.
2. Issue summons in the suit and notice in the application to the defendants.
3. Learned counsels for the defendant No.1 and defendant No.3 accept summons in the suit and notice in the application.
4. Summons in the suit and notice in the application be now issued to the remaining defendants i.e. defendant No.2 and 4 on the plaintiff taking steps through e-mail/SMS/Whatsapp/speed post and courier returnable before the learned Joint Registrar on 22nd January, 2021 for completion of service, pleadings and admission/denial of documents.
5. Written statement and reply affidavit along with the affidavit of Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 376/2020 PageGUPTA MUKTA 1 of 3 Signing Date:25.11.2020 20:26:32 admission/denial be filed within 30 days. Replication and rejoinder affidavit along with the affidavit of admission/denial be filed within three weeks thereafter.
6. List the suit and application before Court on 3rd May, 2021.
7. By the present suit the plaintiff seeks a decree of possession and permanent injunction in relation to the suit property bearing No. B-127, Chittaranjan Park, New Delhi which was owned by the father of the parties, namely, Shri Moni Dey who passed away on 24th February, 2006.
8. As per the plaintiff, defendant No.1 produced an unregistered & unattested Will of Shri Moni Dey, however the Will was not acted upon. According to the plaintiff the suit property thus devolved on mother of the parties, namely, Smt. Kamala Dey and on her death the same devolved on the five children of Smt. Kamala Dey who have been impleaded as parties except that defendant No.2 is the daughter of late Shri Debdas Dey, one of the brother of the plaintiff and defendant No.4 is also the legal heir of late Smt. Khela Kanwar, sister of the plaintiff.
9. Learned counsel who appears on behalf of defendant No.1 states that the averments in the present plaint are contrary to the averments of the plaintiff in the previous suit being CS(OS) No. 77/2016 wherein the plaintiff along with the other siblings acknowledged the Will executed by late Shri Moni Dey.
10. Considering that there was earlier litigation between the parties and the complete documents of the said earlier litigation having not been filed on record, this Court finds no ground to grant an ad-interim injunction at this stage.
Signature Not Verified Digitally Signed By:JUSTICECS(OS) 376/2020 PageGUPTA MUKTA 2 of 3 Signing Date:25.11.2020 20:26:32
11. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 25, 2020 'ga' Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 376/2020 PageGUPTA MUKTA 3 of 3 Signing Date:25.11.2020 20:26:32