(July 10, 2001) 2001 (TLS)125185

2001-AD (Del)-5-111 :: 2002-AIR (Del)-0-6

WINIFRED NORA THEOPHILUS Vs. Lila Deane

A. K. SIKRI

( 1 ) BOTH these applications can be disposed of by this common order inasmuch as IA. 8120/ 98 is filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CIVIL PROCEDURE CODE for an ex-parte ad-interim injunction and IA. 9965/98 is filed by the defendant Nos. 1,3,4 and 5 under Order XXXIX Rule 4 CIVIL PROCEDURE CODE for vacating ex-parte injunction order dated 17/9/98 passed in IA. 8120/98. Briefly stated that the suit is filed by the plaintiff for partition and injunction. It is mentioned in the plaint that parties are Indian Christians as defined in Section 2 (d) of the indian Succession Act, 1925. The pedigree table of the family of the parties is shown in para- 1 of the plaint.

( 2 ) THE dispute is about the inheritance of the property of Ms. Pricilla Violet Mukha who according to the plaintiff was a spinster and died on 26/11/1995 by intestate i. e. without executing any will. The plaint avers that as per the provision of Section 47 of the Indian succession Act,1925, the property is to be divided in the following manne