The pendency of a partition suit by the son against his parents is no hindrance to the proceedings before the Maintenance Tribunal under the Senior Citizens Act.

JUDGMENT

Mini Pushkarna, J.

I.A. 14315/2019 (Application under Order 39 Rule 1 & 2 read with Section 151 CPC for ex-parte Ad - interim injunction on behalf of plaintiff)

1. The present is an application on behalf of the plaintiff under Order 39 Rule 1 and 2 read with Section 151 CPC for ex-parte ad- interim injunction with prayer for staying further proceedings of the case as initiated by parents of the plaintiff against the plaintiff under Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ("Senior Citizens Act"). The present application prays for the following:

"(a) Pass ex-parte ad-interim injunction orders against the defendants whereby staying the further proceedings of the case No.F.No.DM/SE/274/19/747-51 titled as Smt Neena Gupta V Aditya Gupta u/s 23 of the Maintenance and welfare of Parents & Senior Citizen, Act before the Tribunal during the pendency of the present suit in the interest of justice.

(b) Pass ex-parte ad-interim injunction orders against the defendants whereby restraining the defendants their agents or anyone acting for and on their behalf from dispossessing the plaintiff and his family from the possession of suit property i.e. property No.C-580, III Floor, New Friends Colony, New Delhi as shown in red colour of site plan in exclusive possession of the plaintiff and his family and in common possession of the plaintiff as shown in green colour during the pendency of the present suit in the interest of justice.

(c) Pass such other order granting relief to the Plaintiff which this Hon'ble court thinks fit and proper in the facts of the case;"

2. The defendant no. 1 and 2 are the father and mother of the plaintiff herein. The defendants had initiated proceedings under Section 23 of the Senior Citizens Act against their son by filing a complaint dated 24.07.2019 before the Maintenance Tribunal. The said complaint was filed on the basis of physical and mental abuse levelled by the plaintiff on his parents i.e. defendant nos. 1 and 2 herein. Thus, defendant nos. 1 and 2 have sought assistance of the Maintenance Tribunal in removing the plaintiff from the suit property, where the parties are jointly residing.

3. Subsequently, the present suit was filed by the plaintiff against his parents for declaration that the suit property is a Hindu undivided family (HUF) property and that plaintiff has got coparcenry rights in the same. The plaintiff is further seeking partition of the property. The prayers as made in the present suit are as follows:

"(a) Pass a decree of declaration whereby declaring that the suit property i.e. Property No.C-580, III Floor, New Friends Colony, New Delhi comprising of 4 bed rooms with attached bathrooms, drawing/dining, kitchen, family lounge, one servant quarter in staircase with toilet at terrace, with entire terrace rights, middle car parking in the stilt parking, common area & lift and proportionate rights in the land measuring 299.8. sq yds is an HUF property in which the plaintiff, defendant No.l and defendant No.3 are having coparcenary rights to the extent of 1/3rd share each in the same.

(b) Pass a preliminary decree of partition of the Property No.C-580, III Floor, New Friends Colony, New Delhi comprising of 4 bedrooms with attached bathrooms, drawing/dining, kitchen, family lounge, one servant quarter in staircase with toilet at terrace, with entire terrace rights, middle car parking in the stilt parking, common area & lift and proportionate rights in the land measuring 299.8.sq yds declaring the shares of the parties;

(c) Pass a final decree of partition of Property No.C-580, III Floor, New Friends Colony, New Delhi comprising of 4 bed rooms with attached bathrooms, drawing/dining, kitchen, family lounge, one servant quarter in staircase with toilet at terrace, with entire terrace rights, middle car parking in the stilt parking, common area & lift and proportionate rights in the land measuring 299.8.sq yds.

(d) Pass a decree of recovery in favour of