JUDGMENT

Amit Bansal, J. (Oral)

[VIA VIDEO CONFERENCING]

CM No. 28120/2021(for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 556/2021 and CM No.28119/2021 (for interim relief)

3. The present petition under Article 227 of the Constitution of India impugns the order dated 28th July, 2020 passed by the learned District Judge-03, South East, Saket Courts, New Delhi in CS/210822/2016 whereby the application filed by the petitioners/defendants under Order 7 Rule 11 of the CIVIL PROCEDURE CODE (CPC), 1908 has been dismissed.

4. The case pleaded by the respondent/plaintiff in the suit was that there was a family settlement dated 28th January, 2012 that was executed between the parties to deal with the various properties as mentioned therein and that the petitioners/defendants did not abide by the terms of the said family settlement, which resulted in the respondent/plaintiff filing the suit from which the present petition arises. The following reliefs were sought in suit, (i) Declaration of ownership rights in terms of the aforesaid family settlement; (ii). declaration that the gift deeds dated 9th October, 2009 and 29th October, 2009