+ Cs(Os) 471/2021, Cav 38/2021, ... vs Shri Mohan Chopra on 1 October, 2021

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Delhi High Court - Orders

+ Cs(Os) 471/2021, Cav 38/2021, ... vs Shri Mohan Chopra on 1 October, 2021

Bench: Asha Menon

                          $~Suppl.-5

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(OS) 471/2021, CAV 38/2021, I.As.12862/2021 (by the plaintiff
                                under Order XXXIX Rules 1 & 2, read with Section 151 CPC for
                                ad- interim injunction), 12863/2021 (Exemption) & 12864/2021
                                (by the plaintiff u/s151 CPC seeking exemption from filing
                                      apostilled certificate)

                                MS NEERJA RANEE PAHWA                 ..... Plaintiff
                                             Through: Mr. Sameer Dewan, Advocate

                                                   versus

                                SHRI MOHAN CHOPRA                                ..... Defendant
                                             Through:            Mr. Kunal Mimani, Advocate

                                CORAM:
                                HON'BLE MS. JUSTICE ASHA MENON

                                                 ORDER

% 01.10.2021 CAV 38/2021

1. Since Mr. Kunal Mimani, Advocate enters appearance on behalf of the defendant, the caveat stands discharged.

I.A. ____________/2021 (To be numbered) (By caveator/defendant for Exemption from filing notarized/apostilled affidavit)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

Signature Not Verified Signed By:MANJEET KAUR CS(OS) 471/2021 Page 1 of 3 Signing Date:02.10.2021 08:01:29

I.A. 12863/2021 (By plaintiff for Exemption from filing certified copies of dim annexures not having proper margins)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CS(OS) 471/2021, I.As.12862/2021(by the plaintiff under Order XXXIX Rules 1 & 2, read with Section 151 CPC for ad- interim injunction) & 12864/2021 (by the plaintiff u/s151 CPC seeking exemption from filing apostilled certificate)

1. The plaint be registered as a suit.

2. Issue summons in the suit and notices in the applications to the defendants. Mr. Kunal Mimani, Advocate enters appearance on advance notice and accepts summons in the suit and notice in the applications.

3. This suit has been filed by the plaintiff for partition, proportionate right in the stilt parking, separate possession, rendition of accounts, partition of moveable assets and permanent injunction in respect of property bearing No. C-3/13, Ground Floor, Safdarjung Development Area (SDA), New Delhi (hereinafter referred to as the suit property).

4. Mr. Sameer Dewan, learned counsel for the plaintiff submits that the parties are brother and sister and the only legal heirs to the estate of their father, Late Shri Sham Lal Chopra, who had expired on 1 st September, 2016. Smt. Shila Chopra, their mother had predeceased their father on 4th December, 2011.

5. At this stage, learned counsel appearing for both sides submit that the parties are interested in working out an amicable settlement. But, as Signature Not Verified Signed By:MANJEET KAUR CS(OS) 471/2021 Page 2 of 3 Signing Date:02.10.2021 08:01:29 both the parties are located outside India, six months' time be granted to the parties to enable them to work out a settlement and act upon the same.

6. In these circumstances, list before Court on 5th May, 2022 for reporting settlement, if any.

7. The order be uploaded on the website forthwith.

ASHA MENON, J OCTOBER 01, 2021 pkb Signature Not Verified Signed By:MANJEET KAUR CS(OS) 471/2021 Page 3 of 3 Signing Date:02.10.2021 08:01:29

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Delhi High Court - Orders