Delhi High Court - Orders
Amena Bal vs Aminder Singh Bal on 22 August, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 488/2022
AMENA BAL ..... Plaintiff
Through: Mr. Satvik Varma, Senior Advocate
with Mr. Sanjay S. Chhabra,
Mr. Satish Choudhary and Ms. Drishti
Harpalani, Advocates.
versus
AMINDER SINGH BAL ..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 22.08.2022 I.A. 13005/2022 (for exemption)
1. Subject to the plaintiff filing certified copies of the documents and clear and legible copies of any dim document upon which the plaintiff may seek to place reliance, within four weeks from today, exemption is granted for the present.
2. The application is disposed of.
CS(OS) 488/2022
3. Let the plaint be registered as a suit.
4. Issue summons in the suit through all modes.
5. Written statement be filed within thirty days from today. Along with the written statement, the defendant shall also file an affidavit of admission/denial of the documents of the plaintiff.
Signature Not Verified Digitally Signed By:AMIT BANSALCS(OS) 488/2022 SigningPage
Date:23.08.2022
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6. Liberty is given to the plaintiff to file replication within fifteen days from the receipt of the written statement. Along with the replication filed by the plaintiff, an affidavit of admission/denial of the documents of the defendant be filed by the plaintiff.
7. List before the Joint Registrar on 27th October, 2022.
8. List before the Court on 13th January, 2023. I.A. 13004/2022 (O.XXXIX R.1 & 2 of the CPC)
9. The defendant is the brother of the plaintiff. The entire property bearing No.C-140, Defence Colony, New Delhi-110024, belonged to the father of the plaintiff and the defendant, who in his lifetime sold the ground and the first floor of the said property. The defendant resides in the second floor of the said property and there is a roof above the second floor, which has the servant's quarters and bathrooms.
10. The father of the parties died intestate on 6th November, 2010. Upon the death of the father, the plaintiff and the defendant executed a relinquishment deed in favour of their mother in respect of the second floor and roof rights of the said property. The mother also died intestate on 18th July, 2016.
11. It is the case of the plaintiff that subsequently, there was an oral settlement between the parties, in terms of which, the plaintiff was to be given the roof rights over the second floor of the said property.
12. The defendant in a surreptitious manner got the plaintiff to execute a relinquishment deed in favour of the defendant in respect of the second floor as well as the roof rights of the said property. By way of the present suit, the plaintiff has sought a declaration against the aforesaid relinquishment deed and also the partition of the said property.
Signature Not Verified Digitally Signed By:AMIT BANSALCS(OS) 488/2022 SigningPage
Date:23.08.2022
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13. Issue notice
14. Notice be issued to the defendant.
15. Reply be filed within two weeks.
16. Rejoinder thereto, if any, be filed before the next date of hearing.
17. A prima facie case is made on behalf of the plaintiff.
18. Consequently, status quo with regard to title and possession shall be maintained in respect of the roof rights over the second floor of the said property.
19. Compliance report under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) be filed within five days.
20. Plaintiff is given liberty to file additional documents within two weeks from today.
21. List before the Joint Registrar on 27th October, 2022.
22. List before the Court on 13th January, 2023.
AMIT BANSAL, J.
AUGUST 22, 2022 at Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 488/2022 SigningPage Date:23.08.2022 3 of 3 15:07:34