Gagandeep Kaur vs Rattandeep Singh Grover & Ors on 11 October, 2021

[Cites 2, Cited by 1]

Delhi High Court - Orders

Gagandeep Kaur vs Rattandeep Singh Grover & Ors on 11 October, 2021

Bench: Asha Menon

$~A-4

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 461/2021
       GAGANDEEP KAUR                                     ..... Plaintiff
                   Through:              Mr. Rajat Aneja, Mr. Karanpreet
                                         Singh and Mr. Namandeep Singh,
                                         Advocates
                           versus

       RATTANDEEP SINGH GROVER & ORS.                     ..... Defendants
                    Through: None
       CORAM:
        HON'BLE MS. JUSTICE ASHA MENON
               ORDER

% 11.10.2021 (HYBRID HEARING) I.A.12523/2021 (Exemption)

1. Allowed subject to just exceptions.

2. The application is disposed of.

CS(OS) 461/2021 and I.A.12522/2021 (by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC for grant of ad interim ex parte injunction)

1. The plaint be registered as a suit.

2. This is a suit for declaration and partition in respect of the properties forming the estate of the plaintiff's deceased father/ Late Mr. Chanchal Singh who expired on 2nd January, 2008. It is submitted that defendant No. 2 is the mother and defendant No.1 is the brother of the plaintiff.

CS(OS) 461/2021 Page 1 of 3

3. Issue summons in the suit and notice in the application to the defendants by all permissible modes, returnable before the Joint Registrar.

4. The summons shall indicate that the written statement(s) to the suit and reply(ies) to the application(s) be filed by the defendant(s) within thirty days from the date of receipt of the summons. The defendant(s) shall also file the affidavit of admission/denial of the document(s) filed by the plaintiff(s), failing which the written statement(s) shall not be taken on record.

5. The plaintiff is at liberty to file replication(s) to the written statement(s) and rejoinder(s) to the reply(ies) filed by the defendant(s) before the next date of hearing following the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendant(s), failing which the replication(s) shall not be taken on record.

6. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.

7. It is submitted by Mr. Rajat Aneja, learned counsel for the plaintiff, that the plaintiff had relinquished her share in properties i.e., (a) One-half portion in the Residential Plot bearing No. 64, North Avenue Road, Punjabi Bagh (West), New Delhi-110026 admeasuring 555.55 square yards, (b) 4636, Ganesh Bazar, Cloth Market, Fatehpuri, Delhi admeasuring 84 square yards, and (e) House No. 728, Road No., Katra Neel. Chandni Chowk admeasuring 54.35 Square meters, in consideration of which there was an understanding reached between the parties that a sum of Rs.5 crores or equivalent value of properties will be transferred to CS(OS) 461/2021 Page 2 of 3 the plaintiff and the defendant No. 3. However, instead, a property bearing PF-27, Parkland Plot, BPTP, Faridabad, Haryana has been purchased in the name of the plaintiff, which is worth only Rs.40 lacs. It is submitted that the defendant No.1 is preventing the transfer of the property being H. No.579, Gali Ghanteshwar, Chandni Chowk, Delhi in favour of the plaintiff and thus, the plaintiff fears that the defendant No.1 is reneging on the settlement that had been reached between the parties after the demise of their father way back in 2008.

8. Accordingly, it is directed that till the next date of hearing, the parties shall maintain status quo in respect of the title and possession of the suit properties mentioned in para 2 of the plaint, except the properties i.e., (a) One-half portion in the Residential Plot bearing No. 64, North Avenue Road, Punjabi Bagh (West), New Delhi-110026 admeasuring 555.55 square yards, (b) 4636, Ganesh Bazar, Cloth Market, Fatehpuri, Delhi admeasuring 84 square yards, and (e) House No. 728. Road No., Katra Neel. Chandni Chowk admeasuring 54.35 Square meters.

9. Provisions of Order XXXIX Rule 3 CPC be complied with.

10. List before the Joint Registrar on 14th December, 2021 for completion of service and pleadings.

11. The order be uploaded on the website forthwith.

ASHA MENON, J OCTOBER 11, 2021 s CS(OS) 461/2021 Page 3 of 3

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Delhi High Court - Orders