Delhi High Court - Orders
Mrs.Deepak Kaur vs S.Hari Simran Singh & Ors on 14 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 453/2017
MRS.DEEPAK KAUR ..... Plaintiff
Represented by: Mr. Sanjeev Sindhwani, Senior
Advocate with Mr. Amit Bhagat,
Advocate.
versus
S.HARI SIMRAN SINGH & ORS. ..... Defendant
Represented by: Mr. Riju Raj Singh Jamwal, Advocate
for D-1 & D-2.
Ms. Madhusmita Bora, Advocate for
D-3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 14.12.2020 The hearing has been conducted through Video Conferencing. I.A. 10164/2020 (under Order VI Rule 17 CPC-by plaintiff)
1. By this application the plaintiff seeks amendment to the plaint claiming that the plaintiff would be now entitled to further share in the suit property in view of the decision of the Supreme Court in Vineeta Sharma vs. Rakesh Sharma & Ors., decided on 11th August, 2020.
2. Notice.
3. Learned counsel for the defendant Nos.1 and 2 and the defendant No.3, who are the contesting defendants, accept notice in the application.
4. Learned counsel for the defendant Nos.1 and 2 states that the decision of the Supreme Court in Vineeta Sharma (supra) has no application to the facts of the present case for the reason the division of the property was Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 453/2017 PageGUPTA MUKTA 1 of 2 Signing Date:14.12.2020 19:15:04 pursuant to the Family Settlement wherein the plaintiff has already claimed that she has no further share in the suit property.
5. Reply affidavit be filed within four weeks.
6. Rejoinder affidavit in three weeks thereafter.
7. List on 12th February, 2021.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 14, 2020 vk Signature Not Verified Digitally Signed By:JUSTICE CS(OS) 453/2017 PageGUPTA MUKTA 2 of 2 Signing Date:14.12.2020 19:15:04