Ravikant Gupta vs Sunil Kumar Gupta And Ors on 4 June, 2021

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Delhi High Court - Orders

Ravikant Gupta vs Sunil Kumar Gupta And Ors on 4 June, 2021

Bench: C. Hari Shankar

                          $~13 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(OS) 267/2021 & I.A.7124/2021, I.A.7125/2021, I.A.7126/2021

                                RAVIKANT GUPTA                         ..... Plaintiff
                                            Through: Mr. Abhijat with Mr. Harshit Jain,
                                            Mr. Shaashwat Jindal and Mr. Arpit Kumar
                                            Singh, Advs.

                                                   versus

                                SUNIL KUMAR GUPTA AND ORS.              ..... Defendants
                                             Through: Mr. Vidit Gupta, Adv. for
                                             Defendants No. 4 to 6 alongwith Defendant No.
                                             5

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                            ORDER

                          %                 04.06.2021
                                      (Video-Conferencing)

                          I.A.7126/2021

1. Exemption allowed subject to all just exceptions.

2. The application is disposed of.

I.A.7125/2021

1. Exemption allowed subject to all just exceptions.

2. The application stands disposed of.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 267/2021 Page 1 of 5 Signing Date:09.06.2021 13:27:36

CS(OS) 267/2021

1. Issue summons. Summons are accepted on behalf of Defendant Nos. 4, 5 and 6 by Mr. Vidit Gupta, learned Counsel. Let summons issue to the remaining defendants by ordinary process as well as dasti (if possible) and by e-mail at the e-mail IDs provided in the memo of parties. Additionally, the plaintiff is also directed to serve summons on all defendants except Defendant Nos. 4, 5 and 6 by e-mail at the e-mail IDs provided in the memo of parties and to place affidavit of service alongwith proof thereof on record before the next date of hearing.

2. Written statement, accompanied by affidavits of admission/denial of the documents filed by the plaintiff, be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file replication thereto, if any, accompanied by affidavits of admission/denial of the documents filed by the defendants within two weeks thereof.

3. List before the Joint Registrar for completion of pleadings, admission/denial of documents and marking of exhibits on 23rd August, 2021.

I.A. 7124/2021 (under Order XXXIX Rules 1 and 2 of the CPC)

1. Issue notice, returnable on 2nd September, 2021.

2. Notice is accepted on behalf of Defendant Nos. 4, 5 and 6 by Mr. Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 267/2021 Page 2 of 5 Signing Date:09.06.2021 13:27:36 Vidit Gupta, learned Counsel. Let notice issue to the remaining defendants by all modes possible at this time including dasti (if possible) and at the e-mail IDs provided in the memo of parties. Proof of service be placed on record before the next date of hearing.

3. Mr. Abhijat, learned Counsel for the plaintiff draws attention to the fact that, as per the averments in the plaint, an oral partition of some of the family properties had taken place, and the partition was acted upon, albeit partially. By way of material to indicate that the partition was acted upon, Mr. Abhijat draws my attention to para 12 of the plaint, which enumerates actions taken in respect of properties other than those constituting subject matter of the present plaint, in accordance with the oral partition. The covenants of the oral partition have also been enumerated in a tabular form in para 8 of the plaint. As such, in view of the fact that there has been substantial compliance with the terms of the oral partition, Mr. Abhijat submits that prima facie evidence of the oral partition could be said to exist. He, however, submits that, in respect of the properties forming subject matter of the present suit, viz (i) "property bearing Khasra No. 837 and 322, Village Pooth Khurd, Delhi" (ii) "property bearing Khasra No. 154/532(0-6), 154/533(2-2), 154/534(2-2) and property bearing Khasra No. 154/532 min, (0-6) and 1/4th share of Khasra no. 154/532 min (1-10) both situated in extended laldora of Village Pooth Khurd admeasuring 4 bighas and 10 biswas and 13.5 biswas" and (iii) "property bearing Khasra No. 33/240 admeasuring 4 Bigha 16 biswas and Khasra No. 38/4 min admeasuring 4 Bigha 16 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 267/2021 Page 3 of 5 Signing Date:09.06.2021 13:27:36 biswas", the covenants of the oral partition remain to be acted upon. Qua the remaining three properties in respect of which the present suit has been filed, being (i) the land/property situated at Salahpur Majra North West, Delhi admeasuring 4.25 acres, (ii) property built up on 255 sq yards in Khasra No. 43/1, Situated at Village Begum Pur, Delhi which falls in old Lal Dora of 1908-1909 and (iii) property built up on 220 sq yards falling in Khasra No.43/1, which falls in Lal Dora of Village, Begumpur, Delhi, Mr. Abhijat submits that there was no oral partition in respect of these properties and that his client is entitled to one-sixth share in each of these properties by way of intestate succession consequent on the demise of Sh. Hukum Chand Gupta, the father of the plaintiff.

4. At this stage, proceeding on demurrer and treating the averments in the plaint as correct and in view of the material to which Mr. Abhijat has invited my attention, I am of the opinion that, in order to avoid the prayers in the plaint being rendered infructuous, an ad interim order, directing maintenance of status quo in respect of the properties forming subject matter of the suit, is justified.

5. Accordingly, till the next date of hearing, all parties shall maintain status quo in respect of the title, status, possession and construction in respect of the following properties:

(i) property bearing Khasra No. 837 and 322, Village Pooth Khurd, Delhi, Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 267/2021 Page 4 of 5 Signing Date:09.06.2021 13:27:36

(ii) property Bearing Khasra No. 154/532(0-6), 154/533(2-2), 154/534(2-2) and property bearing Khasra No. 154/532 min, (0-6) and 1/4th share of Khasra no.

154/532 min (1-10) both situated in extended laldora of Village Pooth Khurd admeasuring 4 bighas and 10 biswas and 13.5 biswas,

(iii) property Bearing Khasra No. 33/240 admeasuring 4 Bigha 16 biswas and Khasra No. 38/ 4 min admeasuring 4 Bigha 16 biswas,

(iv) land/property situated at Salahpur Majra North West, Delhi admeasuring 4.25 acre,

(v) property built up on 255 sq yards in Khasra No. 43/1, Situated at Village Begum Pur, Delhi which falls in old Lal Dora of 1908-1909 and

(vi) property built up on 220 sq yards falling in Khasra No. 43/1, which falls in Lal Dora of Village, Begumpur, Delhi.

6. Inasmuch as the present order has been passed ex parte, the plaintiff is permitted to comply with Order XXXIX Rule 3 of the CPC qua all the defendants except Defendant Nos. 4, 5 and 6 within two weeks.

C.HARI SHANKAR, J Signature Not Verified JUNE 4, 2021/kr Digitally Signed By:SUNIL SINGH NEGI CS(OS) 267/2021 Page 5 of 5 Signing Date:09.06.2021 13:27:36

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Delhi High Court - Orders