Notarisation) Sailesh Tyagi vs Rajesh Tyagi on 31 July, 2020

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Delhi High Court - Orders

Notarisation) Sailesh Tyagi vs Rajesh Tyagi on 31 July, 2020

Bench: Mukta Gupta

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 196/2020
       I.A. 6294/2020 (under Order XXXIX Rule 1 and 2 CPC)
       I.A. 6295/2020 (exemption from filing court fees)
       I.A. 6296/2020 (exemption)
       I.A. 6297/2020 (exemption from filing suit papers without
       notarisation)

       SAILESH TYAGI                                    ..... Plaintiff
                Represented by:        Mr.Krishanu Adhikary, Advocate.
                          versus

       RAJESH TYAGI                                      ..... Defendant
                Represented by:        None.

       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                          ORDER

% 31.07.2020 The hearing has been conducted through video conferencing. I.A.6296/2020 (exemption)

1. Exemption is allowed subject to all just exceptions. Original documents, if any, be filed within one week of the resumption of the normal Court functioning.

2. Application is disposed of.

I.A. 6295/2020 (exemption from filing court fees) I.A. 6297/2020 (exemption from filing attested affidavits)

1. By these two applications, the plaintiff seeks exemption from filing the Court fees and attested affidavits in support of the plaint and the applications.

CS(OS) 196/2020 Page 1 of 3

2. Considering the Covid-19 situation, the plaintiff is exempted from filing Court fees as also the attested affidavits in support of the plaint and the applications at this stage and the same be filed within one week of the resumption of the normal Court functioning.

3. Applications are disposed of.

CS(OS) 196/2020 I.A. 6294/2020 (under Order XXXIX Rule 1 and 2 CPC)

1. Plaint be registered as a suit.

2. Issue summons in the suit and notice in the application to the defendant on the plaintiff taking steps through Email, SMS and Whatsapp, returnable before this Court on 12th October, 2020.

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

4. The present suit has been filed by the plaintiff impleading his brother as a defendant seeking partition of the property bearing No. 271, Block A2, Janakpuri, New Delhi-110058 admeasuring 270 sq. meters (in short, the 'suit property'), which was owned by the late father of the plaintiff and defendant namely Sh. S.B.L.Tyagi, who left behind a last and a final will thereby creating a life time interest in the suit property in favour of his wife Smt. Urmila Tyagi and thereafter, the property was to devolve on the plaintiff and the defendant with 50% undivided share of each. Sh. S.B.L.Tyagi died on 13th April, 2001 and his wife i.e. the mother of the plaintiff and the defendant died on 27th August, 2017. Despite repeated requests of the plaintiff who is an ordinary resident of USA and as and when CS(OS) 196/2020 Page 2 of 3 come to India, in Delhi, stays in the suit property, the defendant who is residing in the said property refuses to give the share of the plaintiff.

5. Considering the averments in the plaint as also the documents filed therewith, the plaintiff has made out a prima facie in his favour and in case no ad-interim ex-parte injunction is granted, the plaintiff would suffer an irreparable loss. The balance of convenience also lies in favour of the plaintiff. Consequently, till the next date of hearing before this Court, the parties are directed to maintain status quo as to the title and possession of the suit property.

6. Compliance under Order XXXIX Rule 3 CPC be done within one week.

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

MUKTA GUPTA, J.

JULY 31, 2020 akb CS(OS) 196/2020 Page 3 of 3

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Delhi High Court - Orders