Delhi High Court - Orders
Anchit Sachdeva & Anr vs Smt Sudesh Sachdeva & Ors on 1 June, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 335/2022
ANCHIT SACHDEVA & ANR. ..... Plaintiffs
Through: Mr. J.M. Kalia with Mr. Dhruv Kalia,
Advocates.
versus
SMT SUDESH SACHDEVA & ORS. ..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 01.06.2022 I.A.8994/2022 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed of.
CS(OS) 335/2022 By way of the present suit, the plaintiffs, who are the grandsons of late Kewal Kishan Sachdeva seek partition and separate possession of properties as detailed in para 2 of the plaint as against the defendants, who are respectively the widow, two sons and the daughter of the deceased. Kewal Kishan Sachdeva is stated to have passed-away intestate on 07.03.2016.
2. Mr. J.M. Kalia, learned counsel appearing for the plaintiffs submits that while the properties listed at Serial Nos. 1, 2 and 5 in para 2 of the plaint stood in the name of their deceased grandfather; though the properties listed at Serial Nos. 3, 4, 6, 7, 8 and 9 stand in the name of Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:02.06.2022 CS(OS) 335/2022 Page 1 of 3 15:58:25 the plaintiffs' father and uncle but these properties were also purchased from the funds of the common family business; and are therefore liable to be partitioned amongst the family members.
3. It is further submitted that the plaintiffs alongwith defendants Nos. 1, 2 and 3 reside in the family home at N-168, Panchsheel Park, New Delhi; and are therefore in joint possession of that property. In view of the other averments contained in the plaint, it is contended that the other properties listed in para 2 are also in the constructive joint possession of all the parties. Since there is no prayer seeking possession of the properties, fixed court fee has been affixed on the plaint. The plaintiffs however undertake to pay such additional court fee/stamp duty as may be directed by this court, at any stage.
4. Considering the averments contained in the plaint and the submissions made, let the plaint be registered as a suit.
5. Issue summons in the suit.
6. Upon the plaintiffs taking steps within 10 days, let summons be sent to the defendants by all permissible modes. Let the summons indicate that the defendants are required to file written statement to the plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiffs; the plaintiffs may file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants; with copies to the opposing counsel.
7. List before the learned Joint Registrar for completion of pleadings, for admission/denial of documents and marking of exhibits on 04th August 2022.
Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:02.06.2022 CS(OS) 335/2022 Page 2 of 3 15:58:258. List before court on 06th October 2022.
I.A.8993/20229. Issue notice.
10. Upon the plaintiffs taking steps, let notice be sent to the defendants, by all permissible modes, returnable 04th August 2022before the learned Joint Registrar.
11. Let reply be filed within 30 days from the date of receipt of notice;
rejoinder thereto, if any, be filed within 30 days thereafter; with copies to the opposing counsel.
12. List before the learned Joint Registrar on 04th August 2022.
13. List before court on 06th October 2022.
ANUP JAIRAM BHAMBHANI, J JUNE 1, 2022 ds Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:02.06.2022 CS(OS) 335/2022 Page 3 of 3 15:58:25