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2014 Supreme(Del) 2632

G.P.MITTAL
Vera Ruth Rego Gonsalves – Appellant
Versus
Manider Pal Singh Nee Maninder Pal – Respondent


Advocates Appeared:
For the Plaintiff:Surendra Desai, Senior Advocate with Rakesh Kumar Garg, Advocate.
For the Defendants:D1 & D2, Vikas Mahajan, with Rohan Gupta & S.S. Rai, D3 & D5, R.P. Sharma, Advocates.

JUDGMENT

G.P. MITTAL, J.

1. This application under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the Plaintiff/Applicant for punishing Respondents Ms. Joyce Makhani, Mr. Vinay Chhabra and Mr. Jerry Makhani for violating the status quo order dated 11.05.2010 and for attachment of their property.

2. The suit C.S. (OS) 900 of 2010 for declaration, pre-emption, permanent injunction, partition and possession was filed by the Plaintiff against the Defendants with the averments that Late Mohinder Kaur, mother of Dr. Maninder Pal Singh (Defendant no. 1), Ms. Inderjeet Kaur (Defendant no. 2) and Late Dr. J.S. Makhani was the owner of Property No. 9/21, East Patel Nagar, New Delhi by virtue of a will dated 08.12.1986. Defendants no. 1, 2 and Late Dr. J.S. Makhani thus, became the co-owners of undivided 1/3rd each share in the said property upon the death of their mother.

3. It is the case of the Plaintiff that the Plaintiff was a Roman Catholic by birth and religion and Defendant no. 1 before his marriage to the Plaintiff was a Sikh by religion. It is averred that Defendant no. 1 at the time of marriage gave a solemn declaration before the A
























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