Delhi High Court - Orders
Pooja Chawla vs Mohit Arora on 30 June, 2020
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 151/2020, I.As. 4911-14/2020
POOJA CHAWLA ....Plaintiff
Through: Mr. Pankaj Batra and Ms.
Sumegha Dhillon, Adv. with
plaintiff in person
versus
MOHIT ARORA ..... Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 30.06.2020
(Video-Conferencing)
IA. 4911/2020 in CS(OS) 151/2020
1. This application seeks exemption from notarisation of the affidavit, accompanying the suit as well as interlocutory applications and payment of court fees on the suit as well as interlocutory applications.
2. In view of the presently prevailing situation, where a lockdown has been imposed consequent on the COVID-2019 pandemic, and in view of the order dated 4th April, 2020 passed by this Court on the administrative side, the applicant is permitted to file duly notarised CS (OS) 151/2020 Page 1 of 5 affidavits, and deposit the requisite court fees within 72 hours of resumption of normal court work.
3. The application is allowed to the aforesaid extent.
CS(OS) 151/2020, IAs. 4913-14/2020
1. This suit, by the plaintiff, seeks partition, rendition of accounts and mandatory injunction in respect of (i) residential property Bearing No.C-1/143-A, First Floor, Lawrence Road, Keshav Puram, Delhi, (ii) Shop No.B-4/123-A, Ground Floor, Lawrence Road, Keshav Puram, Delhi (near Metro station gate), and (iii) built up Plot No.K-104, Measuring 100 Square meters Sector 3, Bawana Industrial Area Delhi, constructed of Ground and first floor.
2. The plaintiff and defendant are sister and brother.
3. The suit properties are alleged to be jointly owned by the plaintiff and defendant.
4. The mother of the plaintiff is stated to have died intestate, on 7 th October, 2009, whereupon her property devolved, equally, on the plaintiff, defendant and their father, Sh. Shyam Sunder Arora.
5. The plaintiff's father, Sh. Shyam Sunder Arora, is stated to have died, intestate, on 29th February, 2020, resulting, ultimately, in the CS (OS) 151/2020 Page 2 of 5 property of the mother of the plaintiff equally devolving on the plaintiff and the defendant.
6. Similarly, it is stated that, the self-acquired property of Sh. Shyam Sunder Arora, the father of the parties, also devolved on the plaintiff and the defendant in equal shares.
7. A family tree, representing this position, has been placed on record in para 5 of the plaint. Alleging that the defendant is refusing enjoyment, to the plaintiff, of her rightful shares, in the suit property, the plaint avers that the plaintiff, in the first instance, addressed a legal notice, dated 26th May, 2020, to the defendant, whereafter the present plaint has been filed.
8. Let the plaint be registered as a suit.
9. Issue summons on the suit and notice on the IAs 4913-14/2020 to the defendant, returnable before the Joint Registrar on 2nd September, 2020 for marking of exhibits on the documents.
10. Written statement, in response to the suit, be filed within a period of four weeks, accompanied by an affidavit of admission/denial of the documents filed by the plaintiff. Replication thereto may be filed within 15 days thereof, accompanied by an affidavit of admission/denial of the documents filed by the defendants.
11. The written statement and replication would be taken on record CS (OS) 151/2020 Page 3 of 5 only if accompanied by the aforesaid affidavits.
12. Any request for inspection of documents by either side would be entertained in accordance with the rules and procedures framed by this Court in that regard.
13. Similarly, response to IAs. 4913-14/2020 be also filed within four weeks with an advance copy served to the plaintiff, who may file a rejoinder thereto, if any within two weeks thereof.
I.A. 4912/2020 in CS(OS) 151/2020
1. Issue notice to the defendant.
2. Notice be served by the court as well as by the learned counsel of the plaintiff, at the e-mail ID of the defendant, and proof of service be placed on record before the next date of hearing.
3. Defendant shall be at liberty to file a response to this application within four weeks, with an advance copy served to the plaintiff, who may file a rejoinder thereto, if any, within two weeks thereof.
4. List the application before Court on 25th August, 2020.
5. There is no appearance on behalf of the defendant. Allowing creation of any third party interest, in respect of the suit properties, is bound to frustrate the suit. Accordingly, by way of ex parte ad CS (OS) 151/2020 Page 4 of 5 interim relief, till the next date of hearing, status quo, regarding title and possession, in respect of suit properties, shall be maintained.
C. HARI SHANKAR, J.
JUNE 30, 2020 dsn CS (OS) 151/2020 Page 5 of 5