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2008 Supreme(Del) 911

S.RAVINDRA BHAT
SUSHIL BHARDWAJ – Appellant
Versus
VED PARKASH SHASTRI – Respondent


Advocates appeared:
Mr.S.S.Panwar, Mr.Harvinder Singh with Mr. Mohit Gupta and Ms. Bhawna Chopra Rustgi, Advocate for defendants No.1 to 3. Mr.Hari Narayan Takkar, Advocate for defendant No.5. %

JUDGEMNT

1. In this suit, the plaintiff seeks partition and permanent injunction against the defendants. The reliefs claimed include preliminary decree of partition in respect of properties being E-32, Satyawati Colony, Phase-III, Ashok Vihar, Delhi, and a vacant plot measuring 200 sq. yds., in HUDA Colony, Kurukushetra, Haryana, (which, the plaintiff contends, are joint family properties).

2.The brief facts necessary for the purpose of this order are that the plaintiff’s father, Shri Ved Prakash Shastri, defendant No.1 herein (who has since deceased during the pendency of the proceedings), shifted to Delhi in 1960 along with his mother. The plaintiff further avers that his grandfather, Pt. Vasu Dev Bhardwaj died in 1965. He was survived by his widow and two other sons and a daughter. The plaintiff avers that after the death of his grandfather, his legal heirs mutually divided and partitioned the joint family properties. The properties, according to the plaintiff, which fell to the share of his father, i.e. the defendant No.1, became ancestral properties. It is alleged that the defendant No.1 as karta of his joint family (comprising of his sons and other family members,) acqu
















































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