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2019 Supreme(Del) 379

MANMOHAN
AARSHIYA GULATI (MINOR) THR. NEXT FRIEND – Appellant
Versus
KULDEEP SINGH GULATI – Respondent


Advocates Appeared:
For the Plaintiffs :Mr. T.K. Ganju, Senior Advocate with Mr. Divyanshu Goyal and Ms. Swati Jain, Advocates as well as Ms. Divya Gulati.
For the Defendants :Mr. V.K. Bali, Senior Advocate with Mr. Aditya Soni, Advocate, Mr. A.K. Singh, Advocate, Mr. Mudit Gupta, Advocate.

JUDGMENT :

MANMOHAN, J.

I.A. 4780/2014

1. Present application being I.A. 4780/2014 has been filed under Order 7 Rule 11 CPC on behalf of the defendants No.1, 2 and 5 for rejection of the plaint filed by the minor plaintiffs through their mother.

2. It is pertinent to mention that the present suit has been filed seeking partition, rendition of accounts and permanent injunction against their grandparents i.e. defendants No.1 and 5 as well as their father (defendant No.4) and aunt and uncle i.e. defendants No.2 and 3.

3. The learned Predecessor of this Court vide ex parte ad interim order dated 02nd December, 2013, directed the defendants to maintain status quo with regard to suit property bearing No.C-117, East of Kailash, New Delhi-110065 as regards possession and title. On 27th September, 2018, this Court clarified that it had not granted any stay of proceedings in Appeal No.30/2013 i.e. Kuldeep Singh Gulati and Anr. Vs. Sandeep Gulati & Anr. pending under the Maintenance and Welfare of Parents and Senior Citizens Act, 2017 before the Divisional Commissioner and the said forum was free to proceed with the case, in the event there was no stay order passed by any other Court.

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