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2019 Supreme(Del) 2076

RAJIV SAHAI ENDLAW
Ramesh Arya – Appellant
Versus
Pawan Arya – Respondent


Advocates:
Advocate Appeared:
Pulkit Thareja, Adv., Anil Garg, Adv., R.S. Kela, Adv., Bharat Prakash, Adv.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The plaintiff has instituted this suit for partition of property No.A-135, Priyadarshini Vihar, New Delhi, pleading that (i) Sh. Paramanand Arya, being the father of the plaintiff, defendants no.1, 2 and 7 and of Shiv Kumar Arya, another brother of the plaintiff and defendants no.1, 2 and 7 was the owner of the said property constructed over land ad-measuring 360 sq. yds.; (ii) Shiv Kumar Arya has died leaving the defendants no.3 to 6 as his widow, sons and daughter respectively; (iii) Sh. Parmanand Arya has left a validly executed registered Will dated 8th September, 2005 bequeathing the entire property in favour of his five children; and, (iv) thus the plaintiff, defendants no.1, 2 and 7, each have a 1/5th undivided share in the property and the defendants no.3 to 6 together have remaining 1/5th share in the property.

2. The suit was entertained and vide ex parte ad-interim order dated 14th November,2018, which continues to be in force, the parties restrained from alienating, encumbering or parting with possession of, or any part of, property No.A-135, Priyadarshini Vihar, New Delhi.

3. One joint written statement has been filed by defendants no.1

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