Delhi High Court - Orders
Mr. J. K. Mittal vs Mr Ashok Kumar Mittal (Since Deceased ... on 21 January, 2019
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (OS) 25/2019
MR. J. K. MITTAL ..... Plaintiff
Through: Mr. Dhruva Bhagat, Advocate.
(M:9910599996)
versus
MR ASHOK KUMAR MITTAL (SINCE DECEASED THROUGH
L.R S) & ORS. ..... Defendants
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 21.01.2019 I.A. 850/2019 (exemption)
1. This is an application seeking exemption from filing original documents. Recording the Plaintiff's undertaking that the inspection of original documents shall be given, if demanded, or that the original documents shall be filed prior to the stage of admission/denial, the exemption is allowed. I.A. is disposed of.
CS (OS) 25/2019
2. Let the plaint be registered as a suit.
3. Issue summons to the Defendants through all modes upon filing of Process Fee.
4. The summons to the Defendants shall indicate that a written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without CS (OS) 25/2019 Page 1 of 3 which the written statement shall not be taken on record.
5. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines prescribed under the Delhi High Court (Original Side) Rules, 2018.
6. List before the Joint Registrar for marking of exhibits on 9th May, 2019. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
7. List before Court on 29th March, 2019.
I.A. 849/2019 (u/O XXXIX Rules 1 & 2 CPC)
8. Plaintiff has filed the present suit for partition in respect of property bearing No.17-A, Kamla Nagar, Delhi admeasuring 50 sq. yards. The Plaintiff claims to be a class I legal heir of Late Shri Sundar Lal Mittal. Defendant Nos.2 to 6 are the brothers and sisters of the Plaintiff whereas Defendant No.1 is the deceased brother, and is represented through his LRs. The shop is currently under tenancy as per the Plaintiff.
9. Submission of learned counsel for Plaintiff is that an agreement to sell has been entered into in respect of the said property in January, 2019 by Defendant No.1A- Mr. Mukul Mittal in favour of third parties viz., Shri Shiv Charan and Mr. Anuj Goel. He apprehends that the sale deed may be executed in respect of the property without giving the Plaintiff his share in the same. The Plaintiff has made out a prima facie case in his favour. Balance of convenience lies in favour of the Plaintiff and irreparable harm CS (OS) 25/2019 Page 2 of 3 would be caused to the Plaintiff if the Defendants are not injuncted. Accordingly, it is directed that the Defendants are restrained from creating any third party interest or transferring the ownership rights in the suit property till the next date. Compliance of Order XXXIX Rule 3 CPC be made within one week.
10. Reply to the application be filed within four weeks from service of the present order along with the paper book. List the application before Court on 29th March, 2019 for hearing.
11. Dasti.
PRATHIBA M. SINGH, J.
JANUARY 21, 2019/dk CS (OS) 25/2019 Page 3 of 3