Side) Rules And Order Xxvi Rule 9 Cpc For ... vs Sabina Soni Nee Dhindsa on 10 August, 2020

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Delhi High Court - Orders

Side) Rules And Order Xxvi Rule 9 Cpc For ... vs Sabina Soni Nee Dhindsa on 10 August, 2020

Bench: Mukta Gupta

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 210/2020
       I.A. 6688/2020 (under Order XXXIX Rule 1 & 2 CPC)
       I.A. 6689/2020 (under Order XXXIX Rule 1 & 2 CPC)
       I.A. 6690/2020 (under Chapter XII Rule 1 and 10 DHC (Original
       Side) Rules and Order XXVI Rule 9 CPC for appointment of Local
       Commissioner)
       I.A. 6691/2020 (exemption from filing original documents and
       typed/dim copies)
       I.A. 6692/2020 (exemption from filing duly affirmed/notarised
       affidavit)

       ANUP SINGH DHINDSA                                     ..... Plaintiff
                Represented by:        Mr.S. Santanam Swaminadhan,
                                       Advocate with Mr.Anand Singh and
                                       Mr.Kartik Malhotra, Advocates

                          versus

       SABINA SONI NEE DHINDSA              ...... Defendants
                Represented by: Ms. Misha Rohtagi, Advocate with
                                Ms.Shruti Arora, Advocate

       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                          ORDER

% 10.08.2020 The hearing has been conducted through Video Conferencing. I.A. 6691/2020 (exemption from filing original documents and typed/dim copies)

1. Exemption allowed subject to just exceptions.

2. Application is disposed of.

I.A. 6692/2020 (exemption from filing duly affirmed/notarised affidavit) CS(OS) 210/2020 Page 1 of 4

1. By this application, the plaintiff seeks exemption from filing the attested affidavits in support of the plaint and the applications. The same be filed within one week of the resumption of the normal Court functioning.

2. Application is disposed of.

I.A. 6688/2020 (under Order XXXIX Rule 1 & 2 CPC)

1. The present suit has been filed by the plaintiff impleading his sister as a defendant seeking partition of the moveable assets left behind by their parents namely Mr.S.G.S.Dhindsa and Mrs. Komal Dhindsa out of whom Mrs. Komal Dhindsa, the mother passed away on 20 th June, 2020. However, the prayer in the present application seeks injunction against the defendant in respect to the immovable properties till the Local Commissioner prepare the inventory.

2. Since there is no relief sought qua the immovable properties in the plaint, learned counsel for the plaintiff, at the outset, seeks leave to withdraw this application.

3. Application is dismissed as withdrawn.

CS(OS) 210/2020 I.A. 6689/2020 (under Order XXXIX Rule 1 & 2 CPC)

1. Plaint be registered as a suit.

2. Issue summons in the suit and notice in the application to the defendant. Learned counsel for the defendant enters appearance and accepts summons in the suit and notice in the application.

3. Written statement and reply affidavit in the suit and application along with the affidavits of admission-denial will be filed within thirty days. Replication and rejoinder affidavit along with the affidavit of admission- denial within three weeks thereafter.

CS(OS) 210/2020 Page 2 of 4

4. By this suit, the plaintiff seeks partition with regard to the moveable properties, as mentioned in Schedule A and Schedule B to the plaint.

5. Considering the nature of relief sought and that after the death of the parents, the plaintiff and defendant would be entitled to the share in the moveable properties left behind by them, an ad-interim injunction is granted in terms of prayer (a) of IA 6689/2020 till the next date of hearing before this Court.

6. List the suit and application on 6th October, 2020. I.A. 6690/2020 (under Chapter XII Rule 1 and 10 DHC (Original Side) Rules and Order XXVI Rule 9 CPC for appointment of Local Commissioner)

1. By this application, the plaintiff seeks appointment of a Local Commissioner to prepare an inventory of the movable assets left behind by the parents Mr. S.G.S. Dhindsa and Mrs. Komal Dhindsa as mentioned in Schedule A and Schedule B.

2. Considering the averments in the application, Mr. Shreyas Jain, Advocate (Mobile No.9899999672) is appointed as a Local Commissioner to inspect and visit the ground floor and garage portion of the property bearing No. 40, Golf Links, New Delhi where Late Mr. S.G.S Dhindsa and his wife Komal Dhindsa were residing till their demise. The Local Commissioner shall prepare an inventory of the movable assets, if found, as mentioned in Schedule A and Schedule B to the present plaint as also any other movable asset(s) found over there. The learned Local Commissioner will conduct videography at the time of inspection so as to have the photographs as well of the movable assets found at the property i.e. ground floor and garage portion of 40, Golf Links, New Delhi. The local CS(OS) 210/2020 Page 3 of 4 commission be carried out within one week of the receipt of this order by the learned Local Commissioner and a report be submitted to this Court well before the next date of hearing. The fee of the Local Commissioner is fixed at Rs. 1 lakh plus out of pocket expenses incurred, to be borne by the plaintiff. The Local Commissioner will be accompanied by the plaintiff and the defendant or their authorized representative(s) at the time of inspection. In case, there is any hindrance in inspection by either the plaintiff or the defendant, the Local Commissioner would be at liberty to take assistance of the SHO, P.S. Tuglaq Road. The SHO, P.S. Tuglaq Road is directed to ensure that the local commission is carried out smoothly and without any hindrance.

3. Application is disposed of.

4. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

AUGUST 10, 2020 akb CS(OS) 210/2020 Page 4 of 4

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Delhi High Court - Orders