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2014 Supreme(Del) 968

G.S.SISTANI
Aman Nath – Appellant
Versus
Atul Nath – Respondent


Advocate Appeared
For the Plaintiff:Shobhana Takiar, Advocate.
For the Defendants:Sandeep Sethi, Sr. Adv. with Salman Hashmi, Zeeshan Hashmi, along with Ashish Nath, Advocates.

JUDGMENT

G.S. Sistani, J.

IA.No.18453/2013 (u/O.39 Rs=1 & 2 CPC filed by plaintiff) IA.No.18860/2013 (u/O.39 R=4 CPC filed by defendant no.1)

1. A mother forgets the pain she suffers at child’s birth, the moment she hears the cries and sees the face of her child. A mother’s sleepless nights and countless sacrifices are not uncommon for her children. Smt.Sheela Ashok Nath gave birth to four children (three sons and one daughter). This mother even on her death has given a share of her property to each of her four children, in a residential house worth crores of rupees. In a wildest of her dreams she would not have expected that her dead body would lie in the Veranda of her own house and would not be placed in her living room which was locked on account of inter se disputes between her children.

2. This order shall dispose of IA No.18453/2013 & IA No.18860/2013.

3. Plaintiff has filed the present suit for injunction. Plaintiff is the brother of defendants no.1 to 3. Defendant no.4 is the maternal uncle of the plaintiff i.e. plaintiff’s mother’s brother. Plaintiff and defendants no.1 to 3 are the children of late Sh.Ashok Nath and Smt.Sheela Ashok Nath (hereinafter referred to as the ‘


















































































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