Delhi High Court - Orders
Krishna Gupta & Anr vs M/S Rajinder Nath & Co Huf And Ors on 19 January, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 663/2011 & CC 26/2019 & I.A. 20912/2015 & I.A.
4851/2017 & I.A. 9683/2018 & I.A. 9962/2018 & I.A. 11533/2018 &
I.A. 12029/2018 & I.A. 1856/2019 & I.A. 5363/2021 & I.A.
5999/2022 & I.A. 12981/2022
KRISHNA GUPTA & ANR ..... Plaintiffs
Through: Mr. Manish Makhija, Advocate
versus
M/S RAJINDER NATH & CO HUF AND ORS ..... Defendants
Through: Ms. Malvika Rajkotia and Ms. Ekta
Sharma, Advocates for D-2
Mr. Tarang Gupta, Mr. Kartikaya
Sharma and Ms. Shambbavi Kala,
Advocates for D-5
Mr. Ashish Dholakia, Sr. Advocate
with Mr. Sarad Kumar Sunny and Mr.
Rohan Dua, Advocates in I. A.
14758/2022
Mr. Ratul Sharma, Advocate in I. A.
5999/2022 (Through VC)
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 19.01.2023 I.A. 14752/2022 (Under Order XXXIX Rule 4) & I.A. 14758/2022 (Under Order XXXIX Rule 4)
1. Learned counsel appearing on behalf of the plaintiffs/non-applicants submitted that there is no requirement of filing the reply/objection to the applications as the applicants are not the parties to the suit.
2. List on 26th May, 2023.
Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:23.01.2023 18:14:19I.A. 15786/2022 (Under Order XII Rule 6)
1. The instant application under Order XII Rule 6 of the Code of Civil Procedure, 1908 has been filed on behalf of defendant no. 2 seeking the following reliefs:
a) That the suit of Plaintiff herein is liable to be dismissed based on her unequivocal admission that the partition of 1978 was duly acted upon and thus nothing would survive for her claim from under an HUF once she has admitted that the partition stood effected in 1978 and was acted upon accordingly.
b) Pass any other order that this court deems fit and proper in the circumstances of the case.
c) The stay on the properties that was imposed in 2013 in the present suit be lifted
d) Any other relief which this Hon'ble Court may deem fit and proper in facts and circumstances of the case."
2. Learned counsel appearing on behalf of defendant no. 2/applicant submitted that the plaintiff herein has perjured herself by taking two completely contradictory stands in both the suits wherein she claims 1/24th share in the suit property in the sister suit and on the other hand claims 1/8th share in the HUF suit. The defendant no. 2/applicant seeks to highlight the contradictory and the malicious intentions of the plaintiff, in order to state that the plaintiff could go to any extent of falsity for monetary gain. It is submitted that all the claims of the plaintiff are false, concocted and mala fide to usurp money from her brother and defame her entire parental family.
3. Learned counsel for respective parties/non-applicants appear on advance notice. Hence, there is no requirement for issuing formal notice.
4. Learned counsel for plaintiff/non-applicant prays for four weeks' time to file reply/objection. Let the same be filed within four weeks as prayed.
Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:23.01.2023 18:14:19Rejoinder thereto, if any, be filed within two weeks thereafter.
5. Learned counsel for remaining defendants/non-applicants also prays for four weeks' time to file reply/objection. Let the same be filed within four weeks as prayed. Rejoinder thereto, if any, be filed within two weeks thereafter.
6. List on 26th May, 2023.
CHANDRA DHARI SINGH, J JANUARY 19, 2023 gs/as Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:23.01.2023 18:14:19