RAJIV SAHAI ENDLAW
Bharat Wadhwa – Appellant
Versus
Sushma Arora – Respondent
1. Though the hearing on 22nd May, 2013 commenced on the application of the plaintiffs for interim relief and for the purpose of elucidating the issues arising for adjudication, but doubts having arisen as to the very maintainability of the suit, the counsels were heard on the said aspect also and orders reserved.
2. The two plaintiffs have instituted this suit pleading –
(a) that Shri Om Prakash, paternal grandfather of the plaintiff No.2 Smt. Asha Wadhwa (plaintiff No.1 is the husband of the plaintiff No.2) was the owner of half portion i.e. 100 sq. yds. of property No.D-36, Moti Nagar, New Delhi admeasuring 200 sq. yds;
(b) that Shri Om Prakash died in the year 1990 leaving behind four sons namely Shri Ram Kumar Budhiraja (defendant No.2 in this suit and who is/was the father of the plaintiff No.2), Shri Jeet Kumar Budhiraja (i.e. the predecessor of the defendant No.3 to 8 in this suit), Shri Budish Chand (i.e. the predecessor of the defendants 9 to 11 in this suit) and Shri Surinder (i.e. the predecessor of defendant No.12 in the suit) and one daughter (i.e. the defendant No.1 in this suit);
(c) that Shri Om Prakash however vide registered Will dated 4th February, 198
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